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HomeMy WebLinkAboutBOA 1969.pdf BOARD OF ADJUSTMENT Pasco, Washington REGULAR, MEETING March 25, 1969 The regular meeting of the Board of Adjustment was held at 8:00 P.M. , Tuesday, March 25, 1969 in the Council Chambers of the Pasco City Hall , Pasco, Washington. Members present were: Absent: Jack Williams , Chairman Luther Burden Bob Lovelace, Vice Chairman G. V. Manderville David Squires Also in attendance was J . H. McCurry, Pasco BuiiJing Inspector Minutes of the meeting of November 26, 1968, were read and approved as written. PUBLIC HEARING ARCTIC CIRCLE VARIANCE File No. 69-10 The Chairman declared the Public Hearing open and asked that the audienceidentify themselves. In the audience were Gary Manson, Manager of the Northside Mobile Home Park and Mr, and Mrs. Floyd Lenon, owners of the Arctic Circle Drive In. The Chairman then asked the Secretary to explain for the benefit of all , the variance request submitted for consideration. The Secretary pointed out that at the time this building was constructed, there were no front yard requirements in the Commercial Zone. Mr. Lenon held back eight feet from his property line with the thought in mind that he would expand to the west if the need should ever arise. Since then, the Zoning Ordinance has been changed and the front yard requirement is now fifteen feet. Mr. Lenon's request is to allow the addition of two feet to the front of his building to expand the customer's service waiting area as it is now only four feet wide andis too congested at the rush hours. To do this would infringe another two feet into the present required front yard, for a total infringement of nine feet. The tact was also brought out that Fourth Avenue north of Court Street is a 100 foot right of way, and a request has been made to the City Council to reduce this right of way to 80 feet by vacating 10 feet on either side, but this request was denied. However, the traveled portion of the right of way has been set at 62 feet to align it with that section of Fourth Avenue south of Court Street and the Richfield Oil Ccmpany and the Pasco Housing Authority has already moved their sidewalks out to the curb line in accordance with the Engineer's plan and the Phillips Oil Company and Mr. Lenon have been contacted regarding moving their sidewalks and have agreed to do so for alignment. This, in effect, will set the building back another ten feet, placing the building sixteen feet from the rear of the new sidewalk. The Chairman checked over the request application and declared the papers to be in order. The Chairman then asked if anyone wished to speak in favor of this variance. Mr. Lenon stated that this building was built in 1959, and at that time he had the building set back an extra five feet as he had planned on an addition to the front of the building at a later date if the business warranted. The business has progressed to a point now where he needs this two foot extension added to the waiting area to maintain this level of business. The drawings for the improvement of the building were considered as it indicates considerable remodeling to the exterior of the building and would help beautify this area. Mr. Manson was asked if he wished to speak for or against the variance and he stated that he did not know what the subject was when received notice of the hearing, so thought that he would attend Page 2 BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING March 25, 1969 for his own benefit. He also stated that he was not against this variance being granted as he felt that this area of the City needed some improvement and he mould welcome anything that would help the looks and possibly bring more business to the area. There was no other person in attendance to speak for or against the proposed variance, so the Chairman declared the public hearing closed. After some discussion by the members where it was found that 1 . The strict application of the Zoning Ordinance would deprive subject property of rights and priveleges enjoyed by others in the vicinity; 2. That the granting of the variance would not be materially detrimental to public welfare or injurious to the property or improvements in the vicinity; and 3. That the granting of the variance would not devalue the property in the immediate area. A motion was made by Mr. Lovelace and seconded by Mr. Manderville to grant the variance allowing a two foot extension to be added to the west side of the Arctic Circle building. Motion carried by the following roll call count: Williams, yes; Squires, yes; Lovelace, yes ; Manderville, yes. OTHER BUSINESS The Commission was notified of the resignation of Mr. Burden due to ill health. It was requested by the Chairman that the City Council be requested to appoint another member to fill this vacancy at its earliestconvenience. The Chairman stated that in the past, postcards were sent out to all members when no meeting was scheduled to inform them of this fact, as well as the agenda being sent them if there was a meeting scheduled. Apparently this notification of no meeting has been cancelled. He would like this resumed to keep members informed. This would assist them in planning their schedules. ADJOURNMENT There being no further business , the meeting was adjourned at 8:35 P.M. Respectfully submitted, Ja es McCurry, ecretary pro tem BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING May 27, 1969 The regular meeting of the Board of Adjustment was held at 8:00 p.m. , Tuesday, May 27, 1969, in the Planning Commission Office of the Pasco City Hall , Pasco, Washington. Members present were: Absent: Bob Lovelace, Vice Chairman Jack Williams, Chairman G. V. Manderville David Squires Also in attendance was J. H. McCurry, Pasco Building Inspector Minutes of the meeting of March 25, 1969, were read and approved as written. PUBLIC NEARING - GALLANT SPECIAL PERMIT - File 'No. 69-20 Vice Chairman Squires declared the public hearing open. Checked the application file and determined that it was in order. Dave Gallant was then asked to state his reasons for the request. Mr. Gallant stated that this was the site of the old Town House Motel , which was recently demolished. He is presently working on plans to erect another structure, but doesn't have anything concrete at this time and it is doubtful that any construction can be started within a year. In the meantime, Mr. Jerry Horrobin has asked to lease the property for storage of new automobiles and he feels that. this small income will help defray the tax costs on the property. His lease is for one year with a 30-day notice to vacate clause should his building plans come through earlier than expected. Mrs. Henrietta Kennedy, owner of the property leased to the Richfield Oil Company, then questioned Mr. Gallant as to the nature of his proposed business and type of building that he intends to erect. Mr. Gallant stated that he has had several ideas so far, but none have come to the point where they COLO G be discussed. He did state than when a structure is built it would be an asset to the area. Mr. Kennedy also questioned the length of time that the property would be used for new car storage, stating that she would not go along with a permanent use of this type. Mr. Gallant stated that this use would only be for -approximately one year or less. Section 13-6 of the Zoning Code was thea read to the audience by Mr. Squires and it was explained to them that this permit, if issued, would expire at the end of a 6-month period, and whether this permit could be extended for another 6 months was so far undetermined. The City Attorney will be contacted for a legal definition on this matter. Mr. Horobbin then stated that since the buildings have been removed from this property a dust problem has arisen. His intention was to make some improvements to the lot, such as spreading gravel and installing lights, but he would be unable to do this financially if the permit were granted for less than a one-year period. He does not intend to sell cars from this lot and will use it for storage only and would like the permit to expire no later than July 1970. The length of time a permit can be issued was discussed by the board members and those concerned and it was determined that a new application could be submitted at the End of the 6 month period, but a definite answer could not be given at this time as to wheher or not it would be granted. There .being no further discussion, the public hearing was declared closed. MINUTES of May 27, Meeting, Board of Adjustment page 2 Mr. Manderville made a motion that this special permit be granted for a period cf 6 months as stipulated under Section 13--6 of tie Zoning Ord%narce. This motion was seconded by Mr. Squires. Motion was carried by a unanimous vote. ADJOURNEMENT There being no further business, the meeting was adjourned at 8:36 p.m. Respectfully submitted, t. 'ice,, � 4 / J; H. McCurry, Secret ry pro tem BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING July 22, 1969 The regular meeting of the Board of Adjustment was held at 8:00 P.M. , Tuesday, July 22, 1969, in the Planning Commission Office of the Pasco City Nall , Pasco, Washington. Members present were: Absent: Jack Williams , Chairman None David Squires , Vice Chairman Bob Lovelace h G. V. Manderville P Willie Vaughn Pr Fred A. Melling, Acting Secretary The Minutes of the May 27, 1969, meeting were read and approved as written. Public Hearing - Wright Special Permit - File No. 69-24 Chairman Jack Williams declared the Public Hearing open and asked the Acting Secretary to check the application file to determine whether or not it was in order. The Acting Secretary checked through the file and declared it to be in order. Also, that there was a letter in the file from Theron Wright, which was read, and a petition signed by 22 people stating they had no objections to the upholstery and furniture repair shop at 1303 1/2 West Irving Street. (These 22 people live in the immediate area of the shop) . The Chairman then asked if there was anybody in the audience who wished so speak for or against the Special Permit. Theron Wright, 1807 W. Margaret, Pasco, Washington, applicant, and Helen Lenhart, 1319 W. Irving, Pasco, Washington, owner of the property spoke in favor of the permit. The Chairman then asked Mrs . Lenhart whether or not she had attempted to re-zone the property. She replied, "NO". The Chairman then commented that in talking with Mrs. Lenham the reason that she had not tried to re-zone the property is because she felt it would be impossible to get. Mr. Theron Wright then spoke saying he had contacted City officials and that they had said trying to re-zone the property would be a waste of time, so he felt the only answer was to get a Special Permit for another six months. The Chairman then gave a general statement as to what the duties were of the Board of Adjustment and that he felt the applicant should try to re-zone the property. Mr. Lovelace then asked Mr. Wright if he had tried to rent a building in the proper zone. Mr. Wright stated he had tried to find a building in the proper zone, but was unsuccessful because there were very few zones in the City which would allow his type of operation. Mr. Lovelace then stated, he did not know how Mr. Wright could expect to have a commercial use in a residential area. After considerable discussion by the Board concerning problems in rezoning and duties of the Board, the Chairman declared the Public Hearing closed. The Chairman then read the minutes from the November 26, 1968, meeting whereas the Board granted a Temporary Use Permit to Mr. Theron Wright for a period of six months and that this six month period should be used to make the use of this building comply with all local ordinances . At this time there was a discussion by the Board as to the length of time it would take to get the property re-zoned. page 2 After two attempts to bring a motion to the Board, Mr. Squires made a motion to grant a Temporary Use Permit not to exceed four months, pending application within 30 days for a zone change and/or change of classification, under the provisions and restric- tions of Section 13-6 of the Zoning Ordinance, to operate a wholesale furniture re- building shop at 1303 1/2 W. Irving Street. Motion was seconded by Mr. Manderville. Roll call vote: Mr. Williams, yes; Mr. Lovelace, yes; Mr. Manderville, yes; Mr. Squires, yes : Mr. Vaughn, yes. Public Hearing - Hansen-Waddington Special Permit - File No. 69-30 The Chairman declared the Public Hearing open and asked the Acting Secretary to check the application file to determine whether or not it was in order. The Acting Secretary checked the file and declared it in order and then read a letter in the file from a Joseph A,. Pickett, 1516 N. Meridian, Pasco, Washington. The Chairman then asked if there was anyone in the audience concerned with the Hansen-Waddington Special Permit. Following persons were in attendance: Richard Hansen, 6711 W. Willamette, Ed Gazur, 1216 Road 70, Lester Waddington, 1612 W. Brown , Elmer Murray, 3105 W. Ruby, Bruce Lauderback 1128 W. Margaret, and John Owens, 1735 N. Hawthorne. Mr. Hansen spoke in favor of the Permit, adding that the Permit would only be Temporary until he could get the property re-zoned and/or reclassified. Mr. Hansen then presented to the Board a petition, which was read, signed by occupants of adjoining businesses who were in favor of the printing shop. The remaining people in attendance spoke in favor of the Permit. The Chairman then declared the Public Hearing closed. After some discussion by the Board of Adjustment Mr. Lovelace made a motion to grant a Temporary Use Permit, under the provisions and restrictions of Section 13-6 of the Zoning Ordinance, for a period of six (6) months to operate a printing shop at 1825 West Court, Pasco. Motion was seconded by Mr. Squires. Roil call vote was as follows: Mr. Williams , yes; Mr. Lovelace, yes: Mr. Manderville, yes; Mr. Squires, yes; Mr. Vaughn, yes; Public Hearing - Shepherd Special Permit - File No. 69-28 The Chairman declared the Public Hearing open and asked the Acting Secretary to check . the application file to see if it was in order. The Acting Secretary checked through the file and declared it in order. The Chairman then asked the audience to identify themselves. The following persons were in attendance: Robert Renton, 902 W. Fifth , Kennewick, Ralph Richardson, 435 So. Dawes, Kennewick, Frank Shepherd, 504 N. Fruitland, Kennewick and Neal Buchanan, 1725 W. Brown, Pasco. The Chairman then asked what the reason was for the application. Mr. Renton spoke, explaining that he had tried to find a building in the proper zone for a cabinet shop but could not and that they would want the Special Permit only long enough to get the property re-zoned or reclassified. The Chairmen then asked if anyone wished to speak in oppositon, and as no one did, he declared the Public Hearing to be closed. The Board discussed with Mr. Renton the type of construction the building was he planned of use as a cabinet shop. After some dis- cussion by the Board,, Mr. Squires made a motion to grant a Temporary Use Permit not to exceed six (6) months , under the provisions and restrictions of Section 13-6 of the Zoning Ordinance, to operate a cabinet shop at 1904 No. 4th, Pasco. Motion was seconded by Mr. Lovelace. Roll cailvote: Mr. Williams, yes ; Mr. Lovelace, yes; Mr. Manderville, yes; Mr. Squires , yes ; Mr. Vaughn, yes. ADJOURNEMENT There being no further business, the meeting was adjourned at 9:30 P.M. Respectfully sub ,fitted, Vi Fred A. Melling, Acting Secretary BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING October 28, 1969 The regular meeting of the Board of Adjustment was held at 8:00 P.M. , Tuesday, October 28, 1969, in the planning Commission Office of the Pasco City Hall , Pasco, Washington. Members present were: Absent were: .lack Williams , Chairman Robert Lovelace David Squires , Vice Chairman G.V. Manderville Rev. Willie Vaughn Also in attendance were: 0. D. Villines, Acting Secretary John Freeman, 1724 N. Hawthorne, Pasco Frank Eng, 228 West Lewis , Pasco The Minutes of the July 22, 1969, meeting were read and approved as written. Public Hearing - Freeman Machine Shop File No. 69-40 Chairman Williams declared the Public Hearing open. The application file was checked and determined that it was in order. John Freeman was asked to state his reasons for the request and to explain his process of metal stamping. Mr. Freeman stated that this was the site of the old Columbia Basin News building which his father-in-law maintains. He stated that he is trying to start a machine shop business and needed a building for the operation. He received permission from the owner of the building to use the back portion of said building for his business . Mr. Freeman stated that because this is a young company he would know within six months whether it would be a success or not. During this six--month period, Mr. Freeman stated that he would be looking for a building in an I-1 Zone to relocate his business . Mr. Freeman further explained that the material comes to him in sheets and roils and is stamped by a dye process . Chairman Williams asked Mr. Freeman whether noise or outside storing would be a problem. Mr. Freeman said that there is some noise emitted from the stamping process but it is not distracting because of the thin material he is using. Mr. Freeman also stated that because of the type of material he uses in his process he does not, nor does he intend to use, outside storage due to the rust factor. Mr. Eng was asked for his comments on the machine shop. Mr. Eng stated that he was under the impression that car bodies and large portions of metal were going to be pressed and stamped at the business location. He said he had no objection to the business as long as all activity and storage took place inside the building and that the noise factor was minimal . Mr. Freeman explained to Mr. Eng that he is working part time on his business and that all activity did not take place during regular 8 to 5 working hours . He further explained that if the stamping process hadn 't created a distraction for Mr. Eng as yet, he wouldn 't notice it in the future. Mr. Squires page 2 asked Mr. Freeman if there would be any exhaust or poison gas emitted from his stamping process . Mr. Freeman reassured the Board that exhaust or gas fumes were not a problem because of his stamping method and material used. Mr. Freeman explained that a small amount of dust is created during his dye sharpening process , but it is contained in the building and settles to the floor in one to two minutes. Chairman Williams explained to Mr. Freeman that the Temporary Use Permit, if issued, would expire at the end of a six-month period. Chairman Williams emphasized that Mr. Freeman locate a building within the I-1 Zone prior to the expiration of the Temporary Use Permit. There being no further discussion, the Public Nearing was declared closed. Mr. Squires made a motion that this Temporary Use Permit be granted for a period of six months. This motion was seconded by Mr. Mandervilie. Motion was carried by a unanimous vote. ADJOURNMENT There being for further business , the meeting was adjourned at 8:30 P.M. Respectfully submitted, (9.'VP-44� 0. D. Villines , Acting Secretary BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING November 25, 1969 The regular meeting of the Board of Adjustment was held at 8:00 p.m. , Tuesday, November 25, 1969, in the Planning Commission office of the Pasco City Hall , Pasco, Washington. Members present were: Absent: Jack Williams , Chairman G.U. Manderville David Squires , Vice Chairman Rev. Willie Vaughn Robert Lovelace Also in attendance were: James H. McCurry, Building Inspector, Secretary Pro Tem O.D.. Villines, Assistant Planner George Sparks, 2112 W. 10th Avenue, Kennewick, Washington The minutes of the October 28, 1969, meeting were read and approved as written. PUBLIC HEARING - SPARKS VARIANCE - FILE NO. 69-43 Chairman Williams declared the public hearing open to consider granting a variance from the required 15 ' front yard setback in the C-1 Zone as set out in the Zoning Ordinance. The application file was checked by Mr. Williams and found to be in order. Application, as submitted by Mr. George Sparks, 2112 W. 10th Avenue, Kenne- wick, Washington, owner and operator of the property located at 1416 W. Clark Street, Pasco, Washington, requested a 3' variance of the required 15 ' front yard setback to allow him to build an addition to his present structure and decrease the front yard to 12' to match a portion of the existing building. It was determined that there were no communications to the Board of Adjustment either to support or deny this request. The hearing was opened to the public and Mr. Sparks was asked to state.. his reasons for requesting this variance. Mr. Sparks stated that he recently purchased this building to be used as his office (H&R Block Income Tax Consultant) . The building was originally a dwelling unit with an attached garage. The dwelling unit section of the building has been leased and houses a beauty salon and his office occupies the garage section. He has found that he is in need of more floor space and would like to add to the front of the garage so that the front of the addition would be on the same building line with the existing section of the building which has a set back of 12 feet from the front property line. He also stated that his portion of the building was set back from the front property line and hidden by the rest of the building, to a degree that it is unnoticable by the public and therefore, he feels that he has suffered a loss of business for this reason. Mr. McCurry pointed out on a large scale map the plot plan as submitted by the applicant. This drawing indicated the existing structure and the proposed addition. Also indi- cated was the present zoning of the surrounding properties. C-3 Zoning exists to the east and south of the Sparks property. It was also brought out that if the Sparks property were rezoned to C-3 he would be permitted to build to his front property line. Mr. Sparks was asked if he could make this addition to his building in the rear yard.:. He stated that this would not be good for his business as his location would be hard to find. Mr. Williams then stated that the application did not indicate, and Mr. Sparks had not proven, that practical difficulties or unecessary hardships would result from the strict application of the code; that there were exceptional circumstances or page 2 conditions applicable to the property that do not generally apply to other property in the same zone or neighborhood. It was determined that granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in such zone or this neighborhood. Mr. Sparks then cited two examples where buildings in the C-1 Zone were recently erected closer to the front property line than is allowed by the Zoning Ordinance. It was explained to him that both of these buildings are located on corner lots and are actually facing the side streets and, therefore, couldn 't be considered in this request. It was also noted that existing violations and other zoning districts could have no bearing on this hearing. There being no one else present to speak either for or against this request, the Public Hearing was declared closed. Discussion between the board members reaffirmed the findings that Items 1 and 2 as stated in the application did not meet with the requirements of granting a variance of the required minimum front yard. It was moved by Mr. Squires and seconded by Mr. Lovelace that this request for a variance of the required 15 foot front yard be denied. Motion was carried by the following roil call vote: Williams, Squires, Lovelace, YES. No negative vote was cast. ADJOURNMENT There being no further business, the meeting was adjourned at 9:45 P.M. Respectfully submitted, J�es McCurry, Actin Secretary .j BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING December 23, 1969 The regular meeting of the Board of Adjustment, set for 8:00 p.m. , Tuesday, December 23, 1969, in the Planning Commission office of the Pasco City Hall , Pasco, Washington, was not held due to a lack of quorum. The Public Hearing on the Roan Special Permit was postponed until 8:00 p.m. , December 30, 1969, by the members that were present, G.U. Manderville and Rev. Willie Vaughan. Respectfully submitted, /J mes H. McCurry, Aci ng Secretary 1 r� BOARD OF ADJUSTMENT Pasco, Washington SPECIAL MEETING December 30, 1969 The Special Meeting of the Board of Adjustment was held at 8:00 p.m. , Tuesday, December 30, 1969, in the Planning Commission office of the Pasco City Hall , Pasco, Washington. Members present were: Absent David Squires, Vice Chairman None Robert Lovelace G. E. Manderville Rev. Willie Vaughn Also in attendance were: James H. McCurry, Building Inspector, Secretary Pro Tem 0. D. Viliines, Assistant Planner Bill Roan, 1821 North Jefferson, Pasco, Washington Dan Roan 1821 North Jefferson, Pasco, Washington The minutes of the November 25, 1969, and December 23, 1969, meeting were read and approved as written. PUBLIC HEARING - ROAN SPECIAL PERMIT - FILE NO. 69-45 Vice Chairman Squires declared the public hearing open to consider granting a special permit to operate a Tire Repair Shop in a C-2 zone. The Secretary pro tem was asked to check through the application file and it was determined to be in order. Vice Chairman Squires asked the Secretary pro tem if he had received any communications in opposition to the special permit. Mr. McCurry explained that there were no communications to the Board of Adjustment either to support or deny this request. Mr. Roan was asked to explain his reasons for requesting the special permit. Mr. Roan stated that his present business location was inadequate and wanted to locate at 305 W. Lewis to improve his location and better his business. He explained that his business entailed sales and service only. He stated that he would not be doing recaping nor have wrecked cars parked on the property. He stated that the property would be upgraded and would be an improvement to the surrounding area and the community. There being no further comments by Mr. Roan the Public Hearing was declared closed. Vice Chairman Squires was concerned about set-back from the front property line and whether the permit, if granted, would be permanent. Mr. McCurry explained page 2 that the existing building was set back from the front property line approxi- mately 60 feet and was in compliance with set back regulations in a C-2 zone. Mr. McCurry further explained that the special permit, if granted, was good until Mr. Roan goes out of business. Mr. Lovelace stated that he could see no problem in granting the special permit because of similar business activities in this area. The motion was made by Mr. Lovelace and seconded by Mr. Manderville that the Roan Special Permit be granted. Motion was carried by the following roll call vote: Squires, Lovelace, Vaughn, Manderville - YES. No negative vote was cast. ADJOURNMENT There being no further business, the meeting was adjourned at 8:20 p.m. Respectfully submitted, /es'co McCurry, Secr ry pro tem City Planning ommission