HomeMy WebLinkAboutBOA 1979.pdf BOARD OF ADJUSTMENT
Pasco, Washington February 28, 1979
REGULAR .MEETING
The regular meeting of the Board of Adjustment was held at 8:00 p.m. , Wednesday,
February 28, 1979 in the Council Chambers of Pasco City Hall.
MEMBERS PRESENT MEMBERS ABSENT
Shirley Zahn, Vice Chairman Dave Squires, Chairman
Chan Tebay
Darwin Murray
Al Tebaldi
Advisor Present: Delbert Elliott, Building Inspector
General Public Present: Earl Warren, Paul Lawson for Lawson Properties,
Sharon Lawson, John M. Keltch, Violet Baergen for Greyhound Bus Depot,
Allen Watch for Kleer Kut Lumber, Lorretta A. Powell, Dennis M. Shanen 'for
KOTX Radio, W. W. Shimns Greyhound representative, David D. Baergen, Mark
Steed, Sheila Stubblefield, Stanley Stubblefield, and John Wolff for
Lindsay Irrigation Company.
APPROVAL OF MINUTES
The minutes of the last regular meeting were approved as presented.
Purpose of the public hearing was to consider four (4) special permits
and one (1) variance application. Vice Chairperson, Shirley Zahn requested
secretary Del Elliott to read the .'first application #1-79 Special Permit by
Violet M. Baergen of 1724 West Clark Street, who was requesting a six (6)
months temporary use for the Greyhound Bus Depot at her restaurant at 1724
West Clark Street. The Greyhound Bus Company had lost their lease at their
previous location and were seeking temporary quarters for the ticket agency
and passenger service. The requested special permit was required due to the
zoning which was a C-1 retail business, which didn't ,permit bus depots.
Prior to this request Violet M. Baergen had taken this request to the
City Council, and since the City of Pasco needed the services of a bus line,
they recommended that such a request be granted. Due to this and a short
discussion among the board members, 711 Tebaldi made the motion that request
#1-79 be granted for a six (6) month period go the bus company could get
their new building constructed_ Chan Tebay seconded the motion, and carried
with all members voting for the requested variance.
Vice Chairperson, Zahn, then asked secretary Del Elliott to read the next
application. #2-79 special permit for Paul Lawson of 2525 West "A" Street
was a request that would allow two mobile homes on his property at 505
South 26th Avenue for caretakers residence and security purposes. Chairperson
Zahn then requested that Mr. Lawson explain his actual needs for two (2)
mobile homes at this address. Mr. Lawson explained that he was going to build
mini warehousing and another building. Earl Warren and John M. Ketch spoke
for the request stating the need forsecuri-Ey and to prevent damage to equip-
ment and property. Mr. Elliott explained to the board members that the staff
was not against caretakers residences, but the staff did not feel that the
intent of the caretakers ordinance #2013 was to allow more than one (1)
Page 2
Board of Adjustment Minutes
February 28, 1979
mobile home per piece of property such as Mr. Lawson's_ After continued
discussion with Mr. Lawson, and the board members a motion was mady by
Darwin Murray that #2-79 be approved for only one (1) mobile home be granted
for a caretakers residence, and at the time that Mr. Dawson commence the
construction of his new warehouse complex he could then come back to the board
with a special request for further consideration. The motion was seconded by
Vice Chairperson Zahn and approved by all members present.
Vice Chairperson Zahn requested that secretary Del Elliott read the next
request which was #3-79 for a rear yard variance for Paul Lawson of 2525
West "A" Street, with would allow him to have a ten (10) foot rear yard in lieu
of the required twenty-five (25) foot which is required in a I--1 Zone. Normally,
in the case of a mobile home court there is only ten (10) foot required for
mobile home instead of the twenty-five (25) foot. And in this case this
mobile home even though it will be in a T-1 zone it abutts another mobile home
and buildings with only a rear yard set back of ten (10) foot. After con-
siderable discussion among board members a motion to grant the request on
#3-79 was made by Al Tebaldi and seconded by Darwin Murray. The motion
carried and the voting was as follows: Tebay No, Zahn, Murray and Tebaldi
voting for the request.
vice Chairperson Zahn requested secretary Del Elliott to read the next
request, which was for special permit #4-79 by Lindsay Irrigation Company
of Pasco, who was requesting a six (6) month temporary use of a mobile
home for office use. Mr. John Wolff, representing the Lindsay Irrigation
Company explained to the board members that they had lost their lease at
their present quarters unexpectedly, and needed these temporary quarters
until they could have their new building constructed. The board members
briefly discussed the request among themselves and then Al Tebaldi made
a motion that request #4-79 be granted for a six (6) month period.
Shirley Zahn seconded the motion and it carried with all members voting for
the request.
The last requested hearing was for request #5-29 a special permit, requesting
a temporary use of a mobile home at 835 South Third Avenue for a office by
Kleer Kut Lumber Company until they could have their new building constructed
at this location. Mr. Allen Walch, representing D. L. Walch of Kleer Kut
Lumber', explained the shortage of buildings and their need for this temporary
office use. After a short discussion among the board members Darwin made
a motion to grant request #5-79 for a six (6) month period until they could
construct their new office building. Al Tebaldi seconded the motion and it
carried with all present voting for the request.
There being no further business Vice Chairperson Zahn adjourned the public
hearing at 9:26 P.M.
Rt/ pectful r
y s imitted,
Delbert Elliott, Secretary
Board of Adjustment
May 7, 1979
M-10RANDUM TO: DEL ELLICQT, Cn' Building inspector
FROM: GARY CRUTC 3-r IT._TO ity Planner
SUBJECT: SPECIAL PER=: station Near Fourth Avenue
at Court Street
Subsequent to the Board of Adjustment meeting on April 25, 1979 and our
conversation regarding the above-referenced application, I offer the following
advisory carments for consideration by the Board in their deliberation.of this
matter scheduled for May 23, 1979.
AUTFIMITY TO COMITION
Section 22.80.050 includes several aspects of a proposed special use
which should be considered, including.
1) Vocation and size of the use;
2) mature and intensity of the operations involved;
3) Size of site in relation to provosed use;
4) Location of site in relation to existing and future streets;
5) That the proposal will be in harmony with the orderly develoji ent
of the district;
6) That the location and height of buildings and walls will not
discourage appropriate development of adjacent land, or impair the
value thereof.
While Chapter 22.80 does not specifically authorize the conditioning of
special permits, it is a well-established principle that the hearing body
maintains authority to condition the issuance of a special permit or variance
l
so long as the conditions are reasonably related to the effects of the proposal.
Moreover, the standards enumerated above (1-6) imply that a swecial permit should
not be issued unless the Board finds that the proposal meets all of the standards;
certainly, then, the conditioning of a special permit to assure reasonable
fulfillnent of those standards is authorized if not obligated. The alternative
to reasonable conditioning of a special permit(to assure that the standards are
met by the proposal is denial of the special. permit.
1Anderson, Robert M. , American Law of Zoning, 1977; Vol. 3, p.448--45.5.
Page 2
Del Elliott, Chief Building inspector
May 7, 1979
COSME�tkTOS UD PpLiCATIOI � 'i
in consideration of the PUD's proposal in relation to the foregoing starxlards,
the following conclusions are offered:
1) Tne location of tLe proposed site is marginal -• it is about 104--feet
east of 4t:h Avenue (a m. jer arterial) , fronts on Court Street (a
major arterial west of 4th Avenue) , and is adjacent a mobile Biome 'nark,
and across Court .Street from tne Pasco Fiousing Aut:irity's. housing
project. i-.e size of the proposal in term-q of ground space is rot
oven,heL7ang; the size of the structures, huwYever, are of concern due
to visual impact.
2) T'se proposal does not appear to ove rcroc,�d t,-,e site, and ill not
generate a high level of autcmnbile traffic or noise. '' e potential
risk of upset (explosion, fire, e-tc.) is deeded by the proponents
to be no greater titian a service station and electrical hazards minimal
due to State and Federal construction standards.
3) Size of t1he site in relation to the p-pp used use appears to be more
than sufficient.
4) Currently, Court Street essentially dead-ends about 1,000 feet east
of the-proposed site; however, if the Cor-prehensive Plan and long-range
Street Plan are ever irpleme_nted, Court Street uDuld be extende;1
easterly across tree rail lines and become a major arterial Ln front
of this site. No streets or other r%19-hts-•of-,v<ay are projected throug'i
any portion of this site.
5) This vicinity reflects several use districts, ranging fro. %7-3 (Nig`
Density Apartnents) to C-3 Weneral Business) . T e- nubile Iomc park
i*inG�diately east of the proposal .could. appea.,-- to be tha lost affected
use; the proposal, if perzratted, mail actually speed tti--- conversion of
tae mobile ham park to a use less a=fec ed. by the presence of a sdr)—
station (warehouse, for instance) .
6) Again, the proposal will most affect the residential uses, particularly
t'_.e stabile 1-riame park.
Tne. C-1 zone does not per:-At uses V'-Lich normally include fenced yards, %xrnether
fo_ storage or other functions; it is untended to complement tie res=idential
districts L4 citi it is typically near to. Therefore, not only is t1ke fenced
screenir..g of the substation structures necessary, but visual enhancement of t:.tie
fenoe should be included to reduce t-.e visual imact -to users of +d- .e residential
districts. Due to the relative pernan nce of t:,.e Fasco Housing autlx-ri ty, land-
sca?e measures s could be included along the north fence Lane; fl e Tdbile hca� purls
to the east, despite its potential conversion, should receive cons]-deration as a
residential use and a reasonable degree of landscape should. be :_ncluc'ed along the
east fence line ( should the excess of thie substation site be put to a different
use which effectively separates the mobile hone park from the east fence
line, thds provision would appear to be unnecessary. )
Page 3
Del Elliott, Chief Building Inspector
May 7, 1979
RECCE► vMDATION:
The following recomendation is offered for the Board's consideration:
Grant the Special Use Permit for the development of an electrical substation
in substantial compliance with the drawings and photographs suh7dtted by the
applicant and as specifically conditioned as follows:
1) The substation site be surrounded by a chain link fence eight (8)
feet in height (exclusive of barbed wire) and screened with redwood
slats.
2) Said fence be setback. fram property lines in accordance with Chapter
22.75, PIAL.
3) Sufficient shrubbery be so installed and rtiaLnLained along the base
of the north and east fence lines as to reduce the visual effect of said
fence to the residential properties lying to the north and east; provided,
however, that should the unused easterly portion of the substation
property be put to a nor.-residential use which effectively separates the
east fence line from the residential property to the east or if the
residential property to the east is converted to a non-residential use,
then the shrubbery required along the east fence lane shall no longer
be required.
4) Yard lightings be so designed as to avoid lighting spill-over beyond
the property lines of the substation site.
The regular meeting of the Board of Adjustment for the City of Pasco was held
on April 25, 1979 in the City Council C_'�zari=s of City Nall at 8:00 p.m.
with Chair-man Squires declaring the neetLig open.
-06BERS PRESENT nEZEER,S Arlsop_'
David Squires, Chairman Chan Tebay
Shirley Zahn, Vice Chairman Al Tebaldi
Darwin Murray
Advisor Present: Delbert Elliott, Building Inspector
General Public Present:
Leon Wells, Yakima, Washington, representing Motel 6
Gordon Peherson, Salt Lake City, Utah, representing 1,1otel 6
G. A. Zietler, Franklin County P.U.D.
Dale Carpenter, U. S. Postal Service (TOU-T)
APPROVAL OF MINUri�5
The minutes of the last regular meeting were approved as presented.
F= ; 6-79 - WELLS SIGNS (14C7T'EL 6)
The public hearing was declared opened by the chairman. The public hearing
notice was read for the record by secretary, Del Elliott. The request is for
a pole sign sixty-five (65) feet in height, due to the visability pj7oblem at
the site and a lighted sign face area of 320 square feet on North Oregon Avenue.
Notices were sent to property owners within the required area and no calls or
correspondence were received regarding this request.
Speaking for the request Was Leon Wells, Yakima., titi'ashington and Gordon Peherson,
Young--Sign Cirpany, Salt Lake City, Utah, representing Motel 6.
After much discussion, Shirley Zahn made a motion to approve t-he requested
sign. The motion was seconded by Darwin Murray and carried with all voting YES.
FILE #7-79 - FRANKLIN COUN'T'Y P.U.D. SUB-STATION
The public hearing notice was read by secretary, Del Elliott for the record.
A special permit for property located at 320 West Court Street to build a
power distribution substation. Notices were sent to all abutting property
owners within the area required. One notice was returned and addressed as
undeliverable as addressed. No other correspondence was received for or against
the request.
Speaking for the request was Jerry Zietler, Chief Engineer, Franklin County P.U.D.
The substation will be built to serve the city. He also gave a short presentation
on the substation.
Gary Crutchfield, City Planner had corments on the proposal.
Page 2
Board of Adjustment
April 25, 1979
After this presentation, the Board had a brief discussion and it %-as decided
to table the hearing until May 23 and at this title this itemm will be presented
again to the Board of Adjustment.
FILE #8-79 - UNITED STATES POST OFFICE
The request was read for the record by Secretary Elliott. The request if for
a special permit for property located at 2828 West Sylvester, if granted
by the Board, it would allow the U.S. Postal Service to use a r.�obile home for
temporary quarters for employees on the NPIS4 letter sorter consoles.
Speaking for the request was Dale Carpenter. This special permit would allow
them to use this trailer for 6 months.
The Board approved this request for a six month period.
There being no further business, chairman Squires adjourned the public
hearing at 9:20 p.m.
Respectfully submitted,
Del Elliott, Secretary
Board of Adjustment
A meeting of the Board of Adjustment was held on May 23, 1979 in the City
Council ChaTrt ers at City Hall at 8:10 p.m. with Chairman Squires in charge.
MEVMERS PRESENT
Da.•o STuires, Chairman
Shirley Zahn, Vice Chairman
Darwin Murray
Al Tebaldi
Chan Tebay
PUBLIS ^ESSIM: G. A. Zietler, F'raA:lin County P.U.D. , and Robert McDaniel,
Power City Electric, Inc.
ADVISOPS PRESENT: Gary Crutchfield, City Planner and Del Elliott, Chief
Building Inspector
The minutes from the meeting of April 25, 1979 as presented.
RESCHEDULE] FARING
FRA'PMIN COUNTY SUBSTATION FILE #7-79
Chairman Squired declared the public hearing open. Secretary, Del Elliott
read the public hearing notice for the record. A special permit for property
located at 320 Viest Court Street to build a power distribution substation is
requested. Notices were resent for this re-scheduled hearing as if it was the
first hearing.
Chairman Squires briefly summarized the meeting of April 25, 1979 for the board
membes who were absent.
FOR
Speaking for the request was G. A. Zietler, Chief Engineer, Franklin County P.U.D.
Mr. Zietler gave a brief description of the property. Presently, there are two
substations serving Pasco and the surrounding area, one is located east of the
bypass highway to Walla Walla, and the second substation is located on West Court
Street along the freeway at 32nd and Court. They have proceeded with equipment
for the proposed substation. He also had slides to present of the other tTgo
substations. Chairman Sq fres wanted to know if the substation would cover the
entire lot and had questions regarding setbacks, landscaping, and haw would he
keep thebutside world from entering. Pyr. Zietler indicated that a fence would be
provided 11 to meet city's compliance. On the north side facing the housing project,
and on the east side facing the trailer court a fence with slats will be provided.
The'Shell station is to west and they would like to leave it open due to security
reasons, or they would enclose if necessary. The P.U.D. if possible would like to
stay away from the vegetation type of landscaping or maltie no water connects
to this substation. The station would be unmanned with no more than checks on
the station and maintenance. The east side of the substation where property
will not be used will probably be sold in the future because they have no need
for it as a substation.
,Respectfully , tted,
Page 2 Del Elliott, Secretary
Board of Adjustment Minutes Board of Adjustment
May 23, 1979
For the record, Chairman Squires stated that the Board of Adjustment would not
make a ruling on the height of the fence.
Gary Crutchfield, City Planner stated that the code restricts the height of
fences within the yard. They are to comply with setback requirements of the
city code.
AGAINST
NONE
Off-street parking was discussed and Del Elliott suggested that they have maybe
one or two spaces in the 25-foot area in order for their vehicle to park.
There being no further comments from the public, Cha xrman wires declared the
public hearing closed.
Al Tebaldi made a motion to reccmnend that the special use permit be granted,
front yard setback should be 251 , 8' chain link fence with redwood slats surrounding
the entire site, except for the gate area and off-street parking for one or two
cars, landscaping should be at least 4% of net area and not over 42" high on
the north side, lighting be so designed as to avoid lighting beyond the property
lines of the substation site, and that there be red cedar or similar substance
on the east side of the fence separating the property from the residential area.
Chan Tebay seconded the motion and it carried with all members voting yes.
POWER CITY FLE=C FIIE #9-79
The hearing was called to order by Chairman Squires with the secretary reading the
public hearing notice for the records. The request is for narking of construction
equipment and a trailer while constructing a project for the city. The propert
is located at Shoshone and Fourth Avenue. A fence will be erected with no permanent
posts. When construction is completed the trailer will be removed.
No calls for or against were received by the secretary. No correspondence was
received, however, two (2) letters were returned marked as undeliverable as addressed.
FOR
Bob McDaniels, Power City Electric, Pasco, Washington, spoke .for the request.
Be too stated the property would be used for storing or parking construction
equipment. They have asked for permission to construct a temporary fence on the
site. This request is for 6 Tronths. The site was formerly a service station
which now is closed. This is a residential area and putting slats in the fence
was discussed.
There being no further co m ents from the public, chairman Squires declared the
hearing closed.
Shirley Zahn made a motion recommending that the permit should be granted for a
six (6) months period, seconded by Al Tebaldi, and carried by all memebers.
Chairman Squires declared the meeting adjourned at 9:10 p.m.
BCMRD OF .ADJUS744ENT
P as.co, NA h.i.ngta
A meeting of the Board of Adjustment was held on October 24, 1979 in the City
Council Chambers, Pasco City Hall at 8:00 p.m. with Chairman Squires in charge.
EMBERS PBESENNT IMARERS ABSENV
David Squires, Chairman 0-1-an Way
Shirley Zahn, Vice Chairman Al Tebaldi
DanAn Wort
PUBLIC PRESENT: Harold Mathews, Franklin County, L. A. Stacy, Franklin County,
Hugh Osborn, Pasco, Jack E. Cooney, Pasco, Izattie M. Osborn'ie,
Pasco, Jean Craig, Pasco, James Siegel, Vasco, Dick Erickson,
Pasco Parks/'recreation Director, Gary Crutchfield, Pasco City
Planner, Chas Sterna, Washington Army National Guard, Walliam
Sperry, Ft. Lewis Readness Group, Leonard Gingras, Ft. Lewis
deadness Group, Richard D. Searles, Washington National Guard.
ADVISORS PRESENT: Del Elliott, Chief Building Inspector
FILE 410-79 - NATIONAL C�JAhD ARS-u)TZY
Chairman declared the hearing open. Secretary, Del Elliott read the public hearing
notice for the record. This requested variance .is for property located at 127 1-bst
Clark. if granted it would allcu�i the National Guard Arrow to erect a 96" (inch)
high solid cedar fence for screening of a mini--gun, sub--caliber range at the above
mentioned location.
M negative responses were received regarding this request. From the public hearing
notices mailed to property vers four letters were returned as undeliverable as
addressed.
.FOR
Leonard L. Gingras, U.S. Corps of Engineers, U.S. Array, Fort Lewis, T•.ashington,
spoke on the request. Basically the public hearing notice covered what is intended
on the site. The height and solid cedar :fence ;could keep the public from looking in.
It would also keep fragments from spreading when this gut`s, is fired.
.After discussion by the Board and representatives of the Armory, Shirley Zahn_
made a motion to grant the 96" - 8' boarded fence for three sides of the area
regested as proposed. The motion was second by Darwin Murray. All m rbers present
was in favor of this motion. No one spore against the request.
FILE W-79 - SENIOR CITIZEN CENTER & GOVERNMENT OFFICES
Chairman Squires declared the hearing open. Secretary, Del Elliott read the public
hearing notice for the records. Tree property in question is 'mounded by 5th Avenue,
Drawn Street, 7th Avenue and MArie street. If granted it vculd allow for the con--
struction of a senior citizen center and governmental offices for Franklin Count
ill
on the sane parcel of property.
Notices were mailed with seven returned as not deliverable as addressed. No
Page 2
Board of Adjustment Minutes
October 24, 1979
negative responses were received regarding this request after considerable discussion
among the board members , Chairman Squires wanted to know why each application was not
submitted separately one as a Senior Citizen Center and one as a Government Building?
Gary Crutchfield answered his question. Chairman Squires also wanted to know if this
was taken to the City Council or any application made to any other body of the city?
Gary Crutchfield answered "NO" and that the Board of Adjustment is the governing
body. Chairman Squires also wanted to know since the property is zoned R-1 why
didn't they submit it to the Planning Commission for a change of zone? Gary Crutchfield
stated that it was not required because there is a special permit provision and it was
elected to take it to the Board of Adjustment.
The Board members, even after the City Planner's explanation was still concerend
and Chairman Squires wanted to record to show that under these circumstances it does
give some concern to the Board of Adjustment in making a ruling on this particular
action.
Chairman Squires then asked Dick Erickson, Parks and Recreation Director, who is
the project coordinator to discuss the project and several items of concern on the
drawings. Also at that time Harold Mathews, Franklin County, spoke of support for
the project. Willa Elledge a 'Former member of the Senior Companion board spoke in
support of the project.
Also speaking for the project, but very concerned about parking since he lives
directly across the street at 1308 North 7th Avenue, was Mr. Hugh M. Osborne, who
couldn' t see enough parking for a 10,000 sq. ft. building and not even considering
the county office building. After Del Elliott, Building Inspector, explained the
parking requirements and the joint use requirement and the fact that most senior
citizens don' t have cars, but would only be using the senior citizen bus. Mr. Osborne
felt that this probably would satisfy his concern on parking.
Jim Siegel then expressed his support for the senior citizens center, but expressed his
concern over the county office building which is proposed to be constructed of metal
and certainly would not be compatible with the senior citizens center or with the
neighborhood. His concern was also a concern of the City Planner,, Gary Crutchfield and a
voice of many of the general public present
Since this also was a concern of the board members , and after discussion among them,
it was decided that the special use permit file #11-79 would be acceptable for both
proposed structures, but would be treated on an individual basis due to the different
uses and functions.
Since there were no further discussion on this matter, Darwin Murray made a motion
to recommend approval of the request for the Senior Citizen Center with no conditions
attached except to comply with the Building & Zoning Ordinances. Motion seconded by
Shirley Zahn and carried with all members voting for the request to be granted
Franklin County Government Office Building File #11-79.
After further discussion by board members, county representative, city planner and
members of the public present, Chairman Squires asked if one of the board members
wished to make a motion on the request. The motion was made by Shirley Zahn that
Special Permit #11-79 be granted provided upon the condition that it must comply
with all codes, also that it be compatible with the residential area and senior citizens
building and by construction materials of wood, block, concrete, but not of steel .
Page 3
Board of Adjustment Minutes
October 23, 1980
Also that the approval of its compatibility must be approved by the Board of Adjustment
before the permit may be issued. Motion seconded by Darwin Murray and carried by all
members present.
Chairman Squires then adjourned the public hearing at 10:20 p.m.
Respectfully submitted,
_ f
Delbert Elliott, Secretary
Board of Adjustment
City of Pasco