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HomeMy WebLinkAboutBOA 1970.pdf BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING April 28, 1970 The Regular Meeting of the Board of Adjustment was held at 8:00 p.m., Tuesday, April 28, 1970, in the Planning Commission office of the Pasco City Hall, Pasco, Washington. Members present were: Absent David Squires, Chairman G. E. Manderville Rev. Willie Vaughn Jessie Smith Also in attendance were: 0. D. Villines, Assistant Planner, Acting Secretary James H. McCurry, Building Inspector Henry Crust, Building Inspector Mr. & Mrs. A. J. Fricke, 906 Empire Drive Tom Kidwell, 4505 W. Octave Mr. D. R. Emrick, 1715 N. 23rd. The minutes of the December 30, 1969, Special Meeting were read and approved as written. PUBLIC HEARING - FRICKE FENCE VARIANCE - File 470-16 Chairman Squires declared the Public Hearing open. The Secretary was asked to check through the application file and it was determined to be in order. Chairman Squires asked the Secretary to read all communications concerning the fence variance. Mr. Villines read letters from Mr. & Mrs. A. J. Fricke, 906 Empire Drive, Mr. & Mrs. Joseph Frare, 904 Empire Drive, and Mr. McCurry, Building Inspector, City of Pasco. Mr. Villines stated that Mr. & Mrs. Fricke were requesting a variance from Section 6-6, Height in Front Yards from the limited 42 inches in the minimum front yard area and within that portion of the minimum side yard area lying forward of the rear most portion of the house. Mr. Villines stated that a 30 inch retaining wall and a 5 foot pumace block fence had been constructed on top of the retaining wall in the minimum front yard for a total height of 72 inches. Chairman Squires then asked for those in favor of the fence variance to speak. Mr. Fricke explained that the reason they moved their trailer to the mobile home subdivision was because of the view overlooking the City. He explained that their mobile home was facing the south so they could enjoy the view. Because of the direction the trailer is facing, Mr. Fricke declares the south portion of his lot as his front yard and claims the north portion as his rear yard (which, in fact, is his front yard because of access from Empire Drive). Tom Kidwell, 4505 W. Octave, and owner of the mobile home subdivision, stated that he felt that an individual should be able to do what he wants with his own property. He further stated, that the fence looked real nice and upgraded the area. Chairman Squires, then, asked if anyone present wished to speak in opposition to the fence variance. Mr. Crust, City Building Inspector, questioned the Board concerning how they would handle a similar situation in other areas of the City. Chairman Squires asked Mr. McCurry if a building permit had been obtained prior to the construction of the fence. Mr. McCurry explained that a permit had not been obtained, nor had one been requested. Chairman Squires, then, asked Mr. McCurry to explain why a front yard fence was only limited to 42 inches. Having covered the three questions in the application for a variance, Chairman Squires closed the Public Hearing. Motion: A motion was made by Chairman Squires to allow a fence variance to Mr. & Mrs. A. J. Fricke as presented in the application. The motion was seconded by Rev. Vaughn and carried unanimously. EMRICK VARIANCE - File #70-18 Chairman Squires declared the Hearing open. The Secretary was asked to check the file and it was determined to be in order. The Secretary read a letter from Mr. J. C. Dunn, 1711 N. 23rd. Street, stating he had no objection to Mr. Emrick -constructing a carport and patio within 3 feet of his property line. The Secretary explained that Mr. Emrick was requesting a 1 foot variance from the 5 foot side yard requirement established in Section 2-18 of Ordinance 1203. Chairman Squires asked if anyone wished to speak in favor of the variance. Mr. Emrick, 171.5 N. 23rd, spoke in favor of the variance. He stated that the reason he needed the variance was because he wanted to construct a car- port and because of the irregular shape of his lot, it would be almost im- possible to enter the carport without the 1 foot variance. Chairman Squires called for those present to speak against the variance. There was no one present to speak against the variance. Having covered the three questions in the application with the applicant, the Chairman de- clared the Hearing closed. Motion: Chairman Squires made the motion that the 1 foot variance be granted, Rev. Vaughn seconded the motion and it was carried unanimously. ADJOURNMENT There being no further business, the meeting was adjourned at 9:40 p.m. Res rp yd sub�tted, 0. D. Villins, Acting Secretary Pasco Board of Adjustment BOARD OF ADJUSTMENT Pasco, Washington REGULAR MEETING May 26, 1970 The regular meeting of the Board of Adjustment, scheduled for 8:00 P.M. , Tuesday, May 26, 1970, 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 Fricke Carport Variance File No. 70-20 was post- poned until 8:00 P.M., June 23, 1970, by the members present, David Squires, Chairman and G. V. Manderville. Respectfully submitted, 6?k ei"`""fi�i�/ 0. D. Villines, Acting Secretary BOARD OF ADJUSTMENT MEETING MINUTES Pasco, Washington Regular Meeting June 23, 1970 The regular meeting of the Board of Adjustment was held at 8:00 p.m. , Tuesday, June 23, 1970, in the Planning Commission Office of the Pasco City Hall, Pasco, Washington. Members Present Were; Members Absent None; David Squires, Chairman i Vacancy Rev. Willie Vaughn Jessie Smith G. V. Manderville Also in attendance were: 0. D. Villines, Assistant Planner and Acting Secretary; James McCurry, Building Inspector; Howard Johnson, Building Inspector; Duke Snyder, Building Inspector; and Mr. and Mrs. A. J. Fricke, 906 Empire Way. The minutes of the April 28, 1970 regular meeting were read and approved as written. PUBLIC HEARING; Fricke Fence Variance - File X670-20 Chairman Squires declared the Public Hearing open. The Secretary was asked to check through the application file and deter- mine if it was in order. The file was in order. Chairman Squires asked the Secretary to read all communications concerning the Carport Variance. Mr. Villines read a letter from J. H. McCurry, Building Inspector, City of Pasco. Mr. McCurry stated in his letter that the Fricke Carport Variance should not be granted, based on the three following reasons: 1. The Mobile Home Subdivision Ordinance #1424 requires a front yard of 10' in depth and a side yard of 5' in width. 2. The side yard and the rear yard requirement is 10' in depth, may be reduced for an accessory building if said building is placed a minimum of 50' behind the front property line. 3. The front property line is that portion of the property that is above the public right-of-way and provides access to the property. It was further emphasized that a granting of this variance would jeopardize strict enforcement of the zoning ordinance in the future, and create unsafe structures in a residential area of the City of Pasco. The Secretary stated that he had no further correspondence, either written nor verbal, in favor or in oppo- sition to the Fricke Carport Variance. Chairman Squires, then, asked those present to speak in favor of the Fricke Carport Variance. Mr. and Mrs. A.J. Fricke, 906 Empire Way, were present to speak in favor of the Carport Variance. Mr. Fricke stated that if a roof was constructed over the existing driveway, in com- pliance with the 5' sideyard setback requirement and a 10' front yard setback requirement, it would look most foolish. Mr. Manderville questioned where beams would be located in order to support the roof. The Secretary explained that there would be braces in the center of the driveway, 12' from either the east or the west existing fence. Beams would be running east and west over the east and west fence. After considerable discussion concerning why Mr. Fricke located his mobile home in the easterly and westerly direction facing the south overlooking the City, Mr. Fricke explained that he located the trailer in this position in order that he may have a view of the City. He stated that he would be defeating his purpose for moving to the subdivision if he didn't have a view of the City. It was explained to Mr. Fricke, by the Board, that if he had located his mobile home in a north and south direction, there would have been no problem. Rev. Vaughn questioned Mr. Fricke concerning what street his house address was numbered from. Mr. Fricke explained that his street address was 906 Empire Drive. Mr. Smith questioned Mr. Fricke concerning his lot width and depth. Mr. Fricke stated that he had an irreg- ularly shaped lot with 85' facing the south, which narrows down to 70' on the north end. Mr. Manderville explained to Mr. Fricke what the front portion and the rear portion of his lot is. Mr. Manderville explained that the front por- tion of the lot is considered that portion of the lot which has access from a street. Because Mr. Fricke has access from Empire Drive, the north portion of the lot is considered his front lot. Mr. McCurry drew a sketch of Mr. Fricke's lot on the blackboard. Mr. Smith, again, emphasized that by situating the trailer in another position on the lot, Mr. Fricke would have had enough room to locate the carport on the back portion of the lot, also known as the south portion of the lot. Mr. Squires then covered the three questions of explan- ation on the application. 1. Would the strict application in the zoning regulations result in practical difficulties or unnecessary hardships inconsistant with the general purposes and intent? Having discussed this question to a considerable extent, it was determined by the Board that Mr. Fricke would not comply or would not be suffering an unnecessary hardship. 2. Are there exceptional circumstances or conditions applicable to the prop- erty involved or to the intended use or development of the property that do not apply generally to other property in the same zone in the neigh- borhood? Mr. Fricke explained that due to the limited access and the size of the lot, the carport could not have been located on another portion of the lot. The Board discussed this to a considerable extent and explained to Mr. Fricke that by situating the trailer in another position which he could have done, it would have been no problem. He could have located his carport in the rear portion of the lot. 3. Would the granting of the variance be materially detrimental to the public welfare or injurious to the property, improvements, or neighborhood in which the property is located? Mr. Fricke stated that there would be no detrimental effects to the public welfare or injurious to the property or improvements whatsoever. The Board discussed this to a considerable extent. If the carport were to be constructed as was stipulated in the application, it would be injurious or detrimental to the health, safety, welfare of the public. The Board explained if a fire occurred, firemen would have one access into the property and that would be through a four foot gate located in the front portion of the lot. There being no further discussion and because no one was present to speak in opposition to the Fricke Carport Variance, the Public Hearing was declared closed. The motion was made by Mr. Smith and seconded by Mr. Manderville, not to accept the Fricke Carport Variance as submitted. The following roll call vote was taken, with aye signifying not to accept the Fricke Carport Variance. Mr. Smith, aye; Mr. Manderville, aye; Mr. Vaughn, aye. LETTER FROM THE CITY PLANNING COMMISSION A letter from the City Planning Commission dated May 28, 1970, addressed to Mr. David Squires, Chairman City of Pasco Board of Adjustment, Pasco City hall, Pasco, Washington, was read by the Secretary. It stated, "at their regular meeting of May 14, 1970, the City Planning Commission passed a unanimous motion directing the Secretary to the City Planning Commission to write a letter to the Board of Adjustment, expressing their protest to the Board's approval of the Fricke Fence Variance. The Commission felt that by granting the variance, a precidence was set which would allow an individual a fence in violation to the fence and sight screen regulations in other areas of the City." The Commission further expressed that they hoped decisions in the nature of the Fricke Fence Variance will be averted in the future. Respectfully sub- mitted, 0. D. Viliines, Acting Secretary, City Planning Commission, Pasco, Washington.. INTRODUCTION OF BUILDING INSPECTORS The Secretary introduced the two new Building Inspectors to the Board of Adjustment. Mr. Ellwyn Snider and Mr. Harold Johnston. ADJOURNMENT There being no further business, the meeting was adjourned at 9:50 p.m. Respectfully submitted, VJ 0. L/ s. c 0. D. Villines, Acting Secretary Pasco Board of Adjustment Pasco, Washington BOARD OF ADJUSTMENT MEETING MINUTES Pasco, Washington Regular Meeting July 28, 1970 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The regular meeting of the Board of Adjustment was held at 8:100 P.M. Tuesday, July 28, 1970, in the Planning Commission Office of the Pasco City Hall, Pasco, Washington. Members Present: Members Absent: G.V. Manderville-Vice Chairman David Squires-Chairman Richard German Rev. Willie Vaughn Jessie Smith Also in attendance were: O.D. Villines, Assistant Planner and Acting Secretary; Mr. Ben D. Rea, Assistant Planner; Mr. James McCurry, Building Inspector; Mr. Howard Johnston, Building Inspector; Mr. Cleland S. Mitchell, 915 West Octave, Pasco, Washington. The minutes of the June 23, 1970, regular meeting were approved as written. PUBLIC HEARINGS: MITCHELL SIDEYARD VARIANCE-File No. 70-31 Vice Chairman Manderville declared the hearing open and directed the Secretary to check the application file and determine if it was in order. The file was in order. Vice Chairman Manderville requested the Secretary to read all communications concerning the Mitchell Sideyard Variance. The Secretary read a letter from Mr. Roger N. Illg and LaRee Illg, stating that they had no objection to the construction of the existing one car garage at 915 West Octave, Pasco, into a two car garage. They further stated that they had no objections to the construction of a carport beside the existing garage, as an alternate. They further stated that they understand that a property variance would be required and that they approve of such a variance. The Secretary explained that he had received no further verbal or written correspondence either in favor, or in opposition, to the Mitchell Sideyard Variance. Vice-Chairman Manderville then called for those present to speak in favor of the Mitchell Sideyard Variance. Mr. Cleland Mitchell, 915 Octave, Pasco, Washington, was in the audience and spoke in favor of the Sideyard variance. Mr. Mitchell also presented additional plot plans showing the location of his home in relationship to the garage and also indicating the proposed reconstruction of the garage to convert it into a two car garage. After considerable discussion, it was determined that the garage was connected to the house by a four foot covered breezeway. The garage was classified as an attached garage by Mr. McCurry, City Building Inspector. Mr. Mitchell stated that he has an existing fourteen foot wide garage located on his property and he is proposing an additional six foot extension to the existing garage in order to utilize it as a two car garage. He stated that it was the only practical way to expand his garage because they could not move the existing west wall because it would not allow him to have walking access to the rear of his property, from his house. After considerable discussion concerning whether Mr. Mitchell meet front and sideyard set back requirements, it was determined that he was a conforming use at his present location. Mr. Mitchell stated that he made his mistake, by not constructing a two car garage at the time he built his home. He further stated that he did not want to try to do this illegally, but wanted to conform with the regulations and acquire the variances as the Board saw fit. Mr. Mitchell further stated that he did not want to mislead the Board, but his neighbors, Mr. & Mrs. Illg, who wrote the letter read earlier, are not the current property owners of the house to the east of him. He stated this house was sold to a Mr. Hunt. It was explained to Mr. Mitchell that a letter from the neighboring property owner was not necessary at this hearing because the Board was considering his variance under Section 13-9, Zoning Ordinance 1203, which is an Administrative Exception. Therefore, notifing of property owners within the 400 foot radius of the property in question, advertising and publishing the Public Hearing in the legal section of the news- paper was not required. Vice-Chairman Manderville stated that it was customary for the Board to review the three questions established on the applicants application and further explained that it is based on these three questions the Board make their determination whether to grant a variance or not. The three questions, having been covered, the Board questioned Mr. Mitchell concerning his answer to question No. 2, which states as follows: "That there are exceptional circumstances or conditions applicable to the property involved, or to the intended use of the development of the property that do not apply, generally, to other property in the same zone or neighborhood." Mr. Mitchell's answer to this question was none. Mr. German explained to Mr. Mitchell that the intent of the question concerning exceptional circumstances or conditions applicable to the property was whether the property was irregular in shape, or does the topography of the property conflict with the development that is proposed. It was determined that Mr. Mitchell's lot contained no exceptional circumstances that would really justify the Board granting a one foot variance. Mr. German further questioned whether 19 feet would be enough room for a two car garage, instead of 20 feet. Mr. Mitchell explained that because of the width of the walls, approximately a foot would already be taken up, therefore, he would be down to about 18 feet, which would make cramped conditions. The Board further questioned Mr. McCurry why a five foot sideyard was established in the Zoning Ordinance. Mr. McCurry explained that it was for fire and safety reasons, in order to allow firemen enough room to fight fire on either side of the house. There being no further discussion, Mr. German recommended disapproval of the one foot sideyard variance located at 915 West Octave, because the applicant had not adequately justified question No. 2, page 2, of the Application for Variance. The motion was seconded by Mr. Smith, and a discussion was opened among the Board members. The Board questioned the Secretary's interpretation of Section 13-9, Zoning Ordinance 1203, concerning Administrative Exceptions which states as follows: Administrative Exceptions not to exceed one foot of any dimensional standard pertinant to sideyard, frontyard, rearyard, or flanking street or building line may be granted by Administrative action of the Board of Adjustment without Public Hearing and without publishing public notices." The Board feels that because of this Section of the Zoning Ordinance that it was not necessary for the applicant to complete the three questions on the variance application. The Board requested the Secretary obtain a legal opinion concerning the authority of the Board in such cases, and whether or not the applicant would be required to complete the variance application. The second to the motion to recommend disapproval of the Mitchell Sideyard Variance was withdrawn by Mr. Smith. Con- sequently, Mr. German withdrew his motion to recommend disapproval. A motion was made by Mr. German to table the variance until the City Attorney's opinion could be obtained concerning whether or not an applicant must complete the three questions established on the application for a variance, or whether the Board of Adjustment can grant a one foot variance without basing their judgement on the three questions established in the variance application. Mr. Smith seconded the motion, and the motion was carried unanimously. The Board further suggested that the Secretary require a plot plan for all applicants requesting a variance to the Zoning Ordinance 1203. The Secretary was further directed to mail to the Board members all material concerning applications for variances a week in advance before the Board of Adjustment meeting. ADJOURNMENT There being no father business, the meeting was adjourned at 9:50 P.M. Respectfully submitted, O.D. Villines Acting Secretary Board of Adjustment Pasco, Washington BOARD OF ADJUSTMENT Regular Meeting August 25, 1970 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The regular meeting of the Board of Adjustment was held at 8:00 P.M. , Tuesday, August 25, 1970, in the Planning Commission Office of the Pasco City Hall, Pasco, Washington. Members Present: Members Absent: G.V. Manderville - Vice-Chairman David Squires-Chairman Richard German Rev. Millie Vaughn Jessie Smith The minutes of the July 28, 1970 meeting were approved as written with the following amendments: On page 2, 2/3 down, the sentence that reads: "the Board feels that because of this Section of the Zoning Ordinance that- it was not necessary for the applicant to complete the three questions on the variance application" should be amended to read, "The Board questions that because of this section of the Zoning Ordinance whether it is necessary for applicant to complete three questions on the variance application. PUBLIC HEARINGS: MITCHELL SIDEYARD VARIANCE - File No. 70-31 Vice-Chairman Manderville declared the hearing open and directed the Secretary to check the file and determine if it was in order. The file was in order. Vice-Chairman Manderville requested the Secretary to read all communications concerning the Mitchell Sideyard Variance. There was no new communications from the last meeting. Vice-Chairman Manderville read the letter from the City Attorney stating that in the Administrative Exception only pertained to the neccessity to not hold a Public Hearing, and that also the three questions must be filed out on the variance application. Vice- Chairman then read the petition as amended. Question number 2 was amended to read as follows: There are two major hardships items to moving the west wall 12 inches: (1) This would bring the main door 1 foot closer to the big red maple tree, and that would be much to close to the cars going out and in, as well as causing possible tree damage by covering the roots with the driveway. (2) It would cost Quite a bit to move one wall 12 inches, besides making the walkway between the garage into a narrow "S" curve amking it difficult to move the lawn mower, ect. Mr. Mitchell stated that he would prefer not to enter from the alley, that he would not like to break up the back yard. Vice-Chairman Manderville asked if 20 feet was enough width for the garage. Mr. Mitchell answered yes, barely. Mr. Richard German questioned whether question No. 2 had been properly answered. He felt that landscaping was not a hardship or unusual circumstance on the lot. Mr. German also asked if the man had the 20 foot garage would he have an 18 foot door. Mr. Mitchell answered no, that he would have a 16 foot door. He would have enough bricking left over to match what he presently has on the front. Mr. German then moved to accept the staff review and disapprove the variance for a sideyard variance on Mr. Mitchell's property. This was because question No. 2 was not filled out to his satisfaction. The motion was seconded by Mr. Jessie Smith. The vote was unanimous. ADJOURNMENT The meeting was adjourned at 8:35 P.M. Respectfully submitted, '0• Ben D. Rea Secretary Board of Adjustment Pasco, Washington CITY OF PASCO POST OFFICE BOX 293 1 TELEPHONE (509) 547-8801 1 PASCO, WASHINGTON 99301 September 18, 1970 Board of Adjustment Member: Due to the lack of business before the Board, there will be no meeting during the month of September, 1970. Ben D. Rea Secretary Board of Adjustment Pasco, Washington br:jm BOARD OF ADJUSTMENT Pasco, Washington Regular Meeting October 27, 1970 The regular meeting of the Board of Adjustment was held at 8:00 P.M. , Tuesday, October 27, 1970, in the Planning Commission office of the Pasco City Hall , Pasco, Washington. Members present: Members absent: David Squires, Chairman None G. E. Manderville, Vice Chairman Rev. Willie VAughn Jesse Smith Richard German Also present: Ben D. Rea, Secretary; James McCurry, Building Inspector; E. A. Snider, Building Inspector. Minutes of the previous meeting were approved as written. PUBLIC HEARINGS Wallis Fence Variance - File No. 70-32 Chairman Squires declared the Public Hearing open. The Secretary was asked to check the file to determine that it was in order. The file was in order. Chairman Squires asked the Secretary to read all communications concerning the fence variance. Two letters were received. One from Mrs. Don Schneitter, who lives at 1812 Whitman Place, and a letter from Mr. and Mrs. James L. Hay, of 1816 Whitman Place. They both granted permission to Don Wallis to erect a five foot fence between their property and Mr. Wallis 's property. The Chairman asked if there was anyone in the audience to speak for or against the proposed fence variance. No one in the audience responded. Mr. Manderville moved to grant this variance provided a gate with a minimum width of 36" leading into the side of the house be provided. This was seconded by Rev. Willie Vaughn. Motion unanimously carried. Patrick Fence Variance - File No. 70-35 Chairman Squires declared the Public Hearing open. The Secretary was asked to check through the application file to determine if it was in order. The file was in order. Chairman Squires asked the Secretary to read all communications concerning the fence variance. One communication from Mrs . Mary R. Simonton, of 923 Lincoln Drive. She gave permission to Mr. Andrew Patrick to erect a six foot fence next to her property. The Chairman asked if anyone in the audience wished to state their opinion pro or con on the issue. Mr. Andrew F. Patrick was in the audience and spoke up. He said he wished to erect a 70 1/2 inch fence. This fence has presently been in his yard for twelve years, and he wished to move it to the front of the house. Smith moved that we approve the variance, provided that a gate with a minimum width of 36 inches leading to the sideyard of the house be provided. Mr. G. E. Manderville seconded. The motion carried unanimously. _Moore Temporary Use Permit - File No. 70-36 Chairman Squires declared the Public Hearing open. The Secretary was asked to check through the application file to determine if it was in order. The file was in order. Chairman Squires asked the Secretary to read all communications conerning the temporary use permit. There was no wuitten communications. The Secretary explained that there were a number of verbal communications who indicated that they would be present at the hearing. The Chairman then ask if anyone in the audience wished to speak for or against the temporary use permit. Mr. Al Zimmerman, 732 East Eighth, Kennewick, Washington, stated that he owns lots 17 through 20, Block 8, Owen's Addition, and that he was against the proposed temporary use permit. He stated that it is presently being used for heavy industrial use, and that it is a junkyard. He further stated his complaint saying that he was afraid that if this use was allowed, that it would not he cleaned up at the end of the six months, and that it would continue, therefore devaluating his land value. Mrs. BeBee, of 1638 N. Killingsworth, Portlan<J, Oregon, who owns land in the vicinity, stated that she burnt her house and cleared her lot because it was condemned, and had been keeping the land for industrial use. She feels this is a junkyard and wants other types of industry on or near her property. Mr. John VanDinter, of 915 S. Walnut, speaking in place of his father, who was on vacation, and who lives directly across Chestnut Street, from the proposed temporary use. He further stated that his father's land is fenced, the house has been improved recently, that his father is paying higher taxes because of this, and now a junkyard wants to move across the street. He was very much against the proposed use and would like to see the land cleaned up. Sgt. Lee Brush of the Pasco Police Department stated that he was on the cleanup committee for Pasco. He stated that there are approximately 20 vehicles, abandoned, on the East Side of Pasco, that Mr. Moore had agreed to collect, crush, and dispose of these vehicles. This would clean up the community and rid it of unsightly junk. Mr. Moore would only store these abandon vehicles for a short time on his property until the crusher arrived and he could schedule the work to crush them. This City is extremely lucky for somebody to do this, and that he favored the proposed temporary use permit. Mr. O'Hern, 920 E. "B" Street, stated that he owned the four lots facing Chestnut across the street for the proposed temporary use permit. He ask where the crusher was going to be put, and would this cause further nusiances in the area. He further stated that some cars have been there for at least one and one half years, and had not been disposed of, and are merely in storage at the present time. Chairman Squires asked if Mr. O'Hern would like to see the lots cleaned up. Mr. O'Hern says yes, but he would rather see Mr. Moore clean it up now, and not at the end of six months because he is afraid that it would never be done. Mr. Lee Brush stated that this was a portable crusher and could be moved from the property when the crushing is done. Mr. John VanDinter then asked what happens at the end of the period. Mr. Richard German, Board of Adjustment member, explained that the City has legal action it could take at the end of the six months, which it does not presently have because it is a non-conforming use, and existed prior to the present zoning ordinance. Mr. German further stated that housing in this area is also a non-conforming use, existing prior to the zoning ordinance and therefore is in many ways similar to Mr. Moore's property. Mr. German stated that this is the ofte chance to move this nusiance from the neighborhood, because at the end of six months he has to leave, as stated in the permit there is no extension of the permit. Mr. James McCurry, City of Pasco Building Inspection Department, further stated that this is a one time permit and that legal action would be taken at the end of six months. Mr. Frank Warner, who lives across the street from the proposed temporary use, has talked to Mr. Moore, and was assured that Mr. Moore would remove cars in, crush them, and dispose of them within the six months, and that he was in favor of the proposed temporary use permit, so as to clean up the neighborhood. Mr. McCurry said that he has known Mr. Moore for many years, and he knew that he was trying to move to the south of the old Pasco Stockyards with a railroad spur. This would probably be the permanent location of the crusher. Mr. Richard German, who is also in charge of the County Planning, stated that Mr. Moore was probably going to move outside of the City, and that the County welcomed this addition. He further stated that the Benton-Franklin Governmental Conference in it's solid waste study, has found that this is the number two problem of solid waste in the two county area. He further asked the audience would they rather demand the man fence his property now and leave the junk there, or have a slight nusiance for six months, and then the man would have to be out. He further stated that the property owners would be assured that legal action would be taken against Mr. Moore, if the use was not ceased within six months after the permit was granted. Chairman Squires closed the Public Hearing by saying this use would benefit the cities by cleaning up various junks along the city streets, and would benefit the property owners in the vicinity because it would clean up his property and he would be out within six months. Mr. Richard German moved that we allow Mr. Thomas Moore to operate a wrecking yard in Blocks 17-24, Lot 7, Owens Additions, for six months, with the provision that all vehicles stored on this property would be crushed and disposed of, and the land cleared of all debris within six months. Rev. Willie Vaughn seconded this. The motion carried unanimously. Smiley Variance - File No. 70-37 Chairman Squires declared the Public Hearing open and the Secretary was asked to check through the application file to determine if it was in order. The file was in order. The Chairman then asked the Secretary to read all communications concerning the variance. There was no communication. Chairman Squires ask if anyone in the audience would like to speak for or against the proposed variance. Mr. Neal Smiley, of 4804 West Irving, one of the property owners, explained the location was at 919 Lewis. There has previously been a house there, that had been torn down. He further stated that because of the lot size the building cannot be built with the necessary set back requirements, and still provide enough off street parking, as required in the zoning ordinance. He further stated that many buildings in this area are on the property line, and this area may be part of the central business district in the near future. Mr. Mark Pence, architect, Pence and Stanley, stated that this would be a two story building, with the first floor partially below grade. Mr. Richard German further stated that most of the buildings in the area that are on the property line and that to require Mr. Smiley to comply with the set back requirements would be wrong. Mr. Smiley also pointed out that all traffic, egress and ingress, would be off of 9th, therefore, not creating a traffic hazard on Lewis. Mr. Richard German moved that we grant the-variance to Mr. Neal Smiley provided that the building is built as shown on the plan provided to the Board of Adjustment. G.E. Manderville seconded. The motion carried unanimously. Hillcrest Special Permit - File No. 70-38 Chairman Squires requested the Public Hearing open and the Secretary was asked to check through the application and determine if it was in order. The file was in order. Chairman Squires asked the Secretary to read all communications concerning the special permit. There were no written communications. Mr. Phillip Noon, P.O. Box 188, Grandview, Washington, attorney for Hillcrest Convalescent Center, stated that there is presently 90 beds that they wish to make an additions of 35 beds, to the Con- valescent Center. This would be a wood frame with brick exterior. The plans have been approved by the state health department. He stated that the reason for the expansion was that they have a waiting list and they wished to accomodate this list. He further stated that the additions would have a sprinkling system in it, and that the existing center is being altered to have the same sprinkling system, for fire protection. Mr. Willie Vaughn asked if this would cause any discomfort to the present patients. Mr. Noon stated that the work will be done around the patients. Mr. Ron Matson, of 2110 Jackson Street, representative of the Mormon Church, stated that the Mormon Church has property next to the Convalescent Center and asked if the set back requirements were going to be followed. The Secretary stated yes, all set back requirements that are required in the zone would be followed. Mr. Matson then stated that he had no objections to the special permit. Mr. Jesse Smith moved to grant the special permit on the new addition of the Convalescent Center, as long as it conformed with set back requirements for the zone, and that the site plan submitted to the Board be followed. Mr. Richard German seconded. The vote carried unanimously. OTHER BUSINESS Chairman Squires appointed Ben D. Rea, who is presently Acting Secretary,of the Board, to the full SEcretary. ADJOURNMENT- Meeting was adjourned at 4:20 P.M. Respectfully submitted, '• Ben D. Rea Secretary Board of Adjustment BOARD OF ADJUSTMENT Regular Meeting November 24, I970 The regular meeting of the Board of Adjustment was held at 8:00 P.M. , Tuesday, November 24, 1970, in the Planning Commission office of the Pasco City Hall , Pasco, Washington. Members present: Members absent: David Squires, Chairman Jesse Smith G. V. Manderville, Vice Chairman Rev. Millie Vaughn Richard German Also present, Ben U. Rea, Secretary; Perry Clark, District Manager, Dwinell 's Central Neon. Minutes of the previous meeting were approved as written. Public Hearings : Frontier Machinery Sign Variance - File No. 70-39 Chairman Squires declared the Public Hearing open. The Secretary was asked to check the file to determine that the file was in order. Chairman Squires asked the Secretary to read all communications concerning the proposed sign variance. There were no written or verbal communications. The Chairman read the petition as presented to the Board of Adjustment. The Chairman asked if anybody in the audience would care to comment on the proposed variance. Mr. Perry Clark, District Manager, Dwinell Central Neon, stated he was in favor of the proposed variance. He stated that basically, the present non-illuminated sign on the site would be replaced by a slightly higher and illuminated sign. He stated the Pasco City Council had given Frontier Machinery permission to place a sign on this public property. He further stated that a new Sign Ordinance, Ordinance No. 1441 , had been enacted since this time, and that it was up to the Board of Adjustment now, to give this variance. The Chairman asked whether any of the streets in this area were improved. Mr. Clark replied that only James Street and Oregon Avenue were improved. Mr. Manderville asked, "Why doesn't this business front on Oregon Avenue?" Mr. Clark replied that it was under separate ownership and Frontier Machinery had been unable to acquire this property at the present time. Mr. Clark further stated that this would be a directional sign because of the peculiar circumstances as to the entrance into Frontier Machinery. Chairman Manderville then, declared the Public Hearing closed. Mr. Richard German then moved to allow Frontier Machinery to place a sign on public property with the provision that it would be removed upon a thirty day notice, the City desires for any reason. Mr. Manderville seconded this. The Reverend Willie Vaughn then commented that this would be at the owner's expense. Motion unanimously carried. The meeting adjourned at 8:30 P.M. Respectfully submitted, Ben U. Rea, Secretary BOARD OF ADJUSTMENT Regular Meeting December 23, 1970 The regular meeting of the Board of Adjustment was held at 8:00 P.M. , Wednesday, December 23, 1970 in the Planning Commission office of the Pasco City Hall , Pasco, Washington. Members present: Absent: David Squires , Chairman Jesse Smith .i. V. Manderville, Vice Chairman Reverend Willie Vaughn Richard German Also present, Ben D. Rea, Secretary; Jack Nettleship, North Pacific Construction Company; Max Vincent, Attorney, Yakima, Washington; Leroy Martin, Mortgage Manager, Sherwood and Roberts, Pasco, Washington. Minutes of the previous meeting held November 24, 1970 were approved as written. Public Hearings Nettleship Variance File No. 70--42 Chairman Squires declared the public hearing open. The Secretary was asked to check the file to determine if the file was in order. The file was in order. Chairman Squires asked the Secretary to read all communications concerning the proposed variance. There were no written communications other than the petition itself. The Chairman asked if anybody in the audience would care to comment on the proposed variance. Mr. Max Vincont spoke in favor of the variance. He stated that the property is quite narrow and tapers at the west end down to fifty-six feet and at the east to a point. The required set back is difficult to interpret meaningfully as the ordinance did not really envision this size or shape of lot. Mr. Vincent further stated that the property is presently at the end of two dead end streets and flanked for its entire length by a freeway. The intended development of the property utilizes a high landscaped berm along the freeway to deaden traffic noises . The berm minimizes the need for additional set back against the freeway. An interpretation is critical if sufficient right of way is to be dedicated. He further stated the property is virtually self contained unto itself, and its abutment against the freeway makes it unique and extremely difficult to develop. The interpretation would not be generally detrimental or injurious to other neighborhood properties. Mr. Vincent further stated that this land had been zoned R-3 on August 4, 1970, and that the Federal Housing Administration had approved the project. Mr. Richard German then moved that the Board grant a variance construing the north and south property lines as the side yards and Mr. Manderville seconded the motion. The motion carried unanimously. Elections Mr. David Squires moved that Mr. G. V. Manderville be nominated as Chairman for 1971 , and Reverend Willie Vaughn be nominated as Vice Chairman for 1971 . Mr. Richard German seconded the motion. The vote was unanimous . The meeting adjourned at 8:35 P.M. Respectfully submitted, 16.0. f*411 Ben D. Rea, Secretary