HomeMy WebLinkAboutBOA 1980.pdf BOARD OF ADJUSTMENT
Pasco, Washington
A meeting of the Board of Adjustment was held on January 23 , 1980 in the City
Council Chambers, Pasco City Hall at 8:07 p.m. with Chairman Squires in charge.
MEMBERS PRESENT MEMBERS ABSENT
David Squires , Chairman Darwin Murray
Shirley Zahn, Vice Chairman
Chan Tebay
Al Tebaldi
STAFF PRESENT`. Del Elliott and Don Walker, Building Inspectors
GENERAL PUBLIC PRESENT
John Keltch, P. 0. Box 2038, Pasco
E. Earl Warren, 120 South 26th, Pasco
Willa Elledge, P. 0. Box 1167, Pasco
PUBLIC HEARING
FILE #1-80 - PAUL LAWSON - (Variance)
Chairman Squires declared the hearing open. Secretary, Del Elliott read the
public hearing notice for the record. The requested variance is for property
located in the 400 block of South 26th Avenue, Lot 11 , Block 1 , Eagles Estates
No. 3. The applicant requests a variance on the described property from Section
22.37.090 paragraph 4 of the Zoning Ordinance, which requires twenty foot
setbacks from the front of the property line. If approval is granted, this would
allow a 12-foot setback in lieu of the twenty .foot setback for mobile home #2 '
and 8-foot setback for the garage (this is for the front yard) .
The chairman then requested Mr. Lawson to present reasons for this request. When
and if it is approved, the mobile home could be placed on the lot to meet the
zoning regulations. Mr. Lawson presented a plot plan of his proposed request and
he based his request on the fact that the cul-de-sac in this plat could be
changed lated and the street might be extended on through to "A." Street.
Also, at this time John Keltch, developer of this new subdivision spoke in favor
of the variance as well as Earl Warren , but neither could assure that the street
might be extended. After review by the Board members, it was noticed that of the
several plat maps submitted by the applicant that the figures varied on each.
Due to the errors , the Board decided to table the request until the staff could
further review the plats for accuracy, then with staff verification the meeting
on this request would be rescheduled for February 7, 1980 at 8:00 p.m.
Respectfully submitted,
fi�Del Elliottt, Se�y
Pasco Board of, Adjustment
BOARD OF ADJUSTMENT
Pasco, Washington
RESCHEDULED HEARING
A meeting was held by the Board. of Adjustment on February 7, 1980 at 8:00
p.m, at City Hall with Chairman Squires in charge.
MEMBERS PRESENT
David Squires, Chairman
Shirley Zahn, Vice Chairman
Chan Tebay
Al Tebaldi
Darwin Murray
STAFF PRESENT: Del Elliott, Building Inspector
PUBLIC HEARING
FILE #1-80 - PAUL LAWSON (Variance) Rescheduled Hearing
Chairman Squires declared the hearing o.pen. A review of the requested hearing
was given from the recessed meeting of January 23, 1980 by comments from the
Chairman and Secretary. Mr. Lawson took a few minutes to review correspondence
from the City Planner..
Speaking for the request was Paul Lawson, the applicant. Mr. Lawson has meet
with staff regarding this request and stated that he would like to amend his
request, .and acknowledges that a mistake was made on the previous request
for a setback. He presented a diagram and pointed out to the Board what his
anticipations are.
e
Board members discussed Mr. Lawson ' s desires as to placement of structures and
discussed the Planner's memorandum, concluding that there didn ' t appear to be
any special circumstances related to the property that would prevent compliance
with the required setbacks.
Motion by Ms. Tebay, seconded by Ms. Zahn and carried unanimously that the
variance request be denied.
Mr. Lawson expressed disappointment in the Board's decision and noted the 10-foot
side yard setback is too much.
There being no further business, Chairman Squires declared ,the meeting adjourned
at 8:45 p.m.
f
Board of Ajdustment
r
M E M O R A N D U M
TO: Board of Adjustme embers March 5, 1980
FROM: Gary Crutchfi d, Ci Planner/
ctor of Community Development
SUBJECT: MEETINGS AND STAFF SUPPORT
In case some of you weren't aware, I wanted to let you know that Del Elliott
has resigned his position as Chief Building Inspector effective February 29,
1980. I am sure that Del had a good working relationship with the Board of
Adjustment as he did with everyone else while he was here and I 'm also sure
he will be missed. With Del 's departure, however, the remaining staff members
must juggle the responsibilities as best we can to keep things going. Since
the current Building Inspectors are not familiar with Board of Adjustment pro-
cedures and responsibilities, as well as the legal aspects of its operation,
I have assumed the responsibility for providing staff support to you. Beginning
with your regular meeting at the end of March, I will provide the Board with
a complete staff report for each agenda item, attend the Board's meetings,
prepare minutes, and maintain the record system for the Board of Adjustment.
I have full confidence that I can provide necessary service to the Board of
Adjustment as I have more than four year's experience in such responsibilities;
I trust the Board will feel comfortable with me.
There is another matter that I wish to bring to your attention. It is one of
extreme importance and cannot be overstated. It is my understanding that the
public hearing process employed by the Board includes a closed discussion
amongst Board members prior to a decision. Because due process of law is a
fundamental ingredient of the public hearing process and the Open Public
Meetings Act (RCW 42.30) requires "open deliberation" , I respectfully urge
the Board to alter your public hearing process to avoid closed discussions or
the appearance of any such discussions. ,specifically, any discussion about an item
should be stated audibly so that it can be heard by anyone attending the meeting.
I realize that sometimes a question or statement may sound awkward; however, the
requirement for due process and open deliberation is of paramount interest, and,
in the long run, will contribute to the public confidence and esteem of the Board.
I might also note that discussion of public hearing items outside of the public
meeting should be avoided if at all possible. If you have a question on any
agenda item, please feel free to contact me at the office; I will provide any
assistance I possibly can and it is my aim to answer any questions you have so
that you feel comfortable attending any Board meeting. If you have questions
during the hearing, don't hesitate to ask me or put me on the spot; that's what
I 'm paid for.
2�t
We will be having the regular Board Meeting on the 4fr of March (a couple of
agenda items) . As soon as the agenda is completed, I would encourage all of you
to spend a few extra minutes to discuss with me any aspect or question you might
have regarding the Board of Adjustment and its authority, duties, and responsibi-
lities.
GC:lg
cc: Lee Kraft, City Manager
BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING: March 26, 1980
The regular March meeting of the Board of Adjustment was called to order at 8:00 p.m.
by Vice Chairman Zahn. Roll Call :
MEMBERS PRESENT MEMBERS ABSENT
Shirley Zahn, Vice Chairman Dave Squires, Chairman
Darwin Murray Chan Tebay
Al Tebaldi
STAFF MEMBER PRESENT: Gary Crutchfield, City Planner
Vice Chairman Zahn asked for the minutes of the previous meeting. Mr. Crutchfield
indicated that the minutes of the previous meeting had not been completed by the
previous secretary prior to his departure from city employment. Mr. Crutchfield
further noted the would be completed in time for Board consideration at the regular
April meeting.
Mr. Tebaldi requested the Chairman move item 5-A to the first order of business
in order to discuss the manner in which meeting should be conducted, noting Mr.
Crutchfield's earlier memorandum. Vice Chairman Zahn called for discussion amongst
Board members and staff as to the manner in which meetings should be conducted.
Mr. Crutchfield reiterated the contents of his earlier memorandum, concluding that
the open public meetings act (state law) requires all deliberations to be conducted
openly. Board members briefly discussed the hearing procedures and acknowledged the
need to modify past practices.
OLD BUSINESS:
A. SPECIAL PERMIT: Sign (Wilkins 80-2)
i
Mr. Crutchfield explained the nature of this special permit application and
summarized the staff report, including findings of fact, and recommended the sign
be ordered removed. Vice Chairman Zahn declared the public hearing open. There being
no public comment offered; either for or against, Vice Chairman Zahn closed the public
hearing.
Board members briefly discussed the facts identified in the staff report and
noted several existing signs already exceed the amount signage permitted by the code.
Mr. Crutchfield circulated three photographs of the property depicting the existing
signs and the temporary sign.
Motion by Mr. Tebaldi , seconded by Mr. Murray and carried unanimously that the
Board adopt the findings and conclusions of the staff report as findings of fact,
and therefore, order the sign removed within three days from the date of the Board's
decision.
Mr. Crutfhfield noted that staff would be more careful in accepting soecial
permit applications; noting this one should never have been accepted because the
code does not allow the Board to issue a special permit for such a $ign in a
residential zone.
fate 2
Board of Adjustment Minutes
March 26, 1980
B. VARIANCE: Height of Fence (Coca Cola, 80-3)
Mr. Crutchfield explained the nature of the variance request as outlined in
the staff report. Vice Chairman Zahn declared the public hearing open.
Mr. Ed McKinley, attorney representing applicant, submitted a petition signed by
several property owners within the immediate vicinity of the Coca Cola property
indicating no objections to the height of the fence. Mr. McKinley further requested
the Board grant the variance inasmuch as the fence has been erected in an effort to
be good neighbors.
Mr. Crutchfield asked about future construction which might replace the fence.
Mr. Ryan, manager of Coca Cola, indicated that such construction is a long term
potential and may be some time before it occurs. Mr. Crutchfield suggested that
the landscape recommended along the south line of .the fence should be included
since it may be some time before construction takes place. Mr. Ryan acknowledged that
such landscape may be an improvement.
Board members expressed frustration regarding the erection of fence and other
improvements without a permit and the request for variances after the fact.
Mr. Crutchfield noted the building code provides that in such events the applicant
is required to pay a double fee.
Motion by Mr. Murray, seconded by Mr. Tebaldi and carried unanimously that the
Board grant the variance with the following conditions:
1 . That landscape be installed along the south line of the fence as directed
by the building inspector;
2. The property owner shall cause a building permit to be obtained, the fee
for which shall be double as required by the building code.
NEW BUSINESS:
APPEAL:
NONCONFORMING USE DETERMINATION: (Chidester, 80-4)
Mr. Crutchfield explained the nature of the administrative determination
and Mr. Chidester's appeal as provided by code. Distributed to Board members a
memorandum dated March 24, 1980, which included a copy of an agreement between Mr.
Chidester and the parties of record. The agreement between the property owners
would allow Mr. Chidester to continue the use of the structure as a four-plex
but only with certain conditions , including parking, exterior improvements, and
a limitation as to the number of people housed within the structure. Vice Chairman
Zahn offered the parties of record an opportunity to present any further information.
Mr. Ken Chidester, appellant, reiterated the information contained in his
written appeal . Also explained he does not refute the testimony of the neighboring
property owners as contained as contained in the affidavites. He had purchased the
property as a four-plex with the intention improving its outward appearances and
feels the conditions included in the agreement between the parties of record
reasonably protect both interests.
Mr. Dennis De Felice, a party of record, explained the nature of the conditions
Page 3
Board of Adjustment Minutes
March 26, 1980
were such that the owners of single. family homes in that block would be protected
from the incompatibilities of an unconditioned duplex.
Mr. Michael Garrison , a party of record, explained his desire to execute the
agreement proposed by the parties of record.
Mr. Crutchfield noted the facts of the case revealed the conclusion that
only two units may continue to be used; however, the unconditioned use of two units
may have a greater negative impact on the single family owners than would the
conditioned use of four units as outlined in the agreement proposed by the parties
of record. Since all parties support the proposed agreement, staff has no objection
to Board' s modification of the administrative determination so long as appropriate
findings are established to support the modification. Mr. Crutchfield noted
his memorandum of March 24 (just distributed) contained suggested findings in support
of such modification.
Board members discussed the facts relating to abandonment and expressed basic
agreement with the administrative determination that two of the four units had been
abandoned and therefore have forfeited the nonconforming use rights ; however, the
Board acknowledged the potential incompatibilities of an unconditioned duplex.
In response to Board' s questions, it was revealed that the existing structure
provides no parking and the lower units may not meet present day life safety
code requirements. Board members discussed at length the contents of the agreement
and discussed the manner in which they would enforced if approved. i
Motion by Mr. Tebaldi , seconded by Ms. Zahn and carried unanimously that
.the Board adopt the findings contained in the March 24 memorandum from the Community
Development Director as modified to include the fact that the new Community Development
policy plan indicates the future likelihood of increased residential density or
commercial development within this immediate vicinity and, therefore, the Board
modifies the administrative determination and orders that upon proper execution
and recording proposed by the applicant, the nonconforming use rights of the structure .
may continue as a four-plex but only as specifically conditioned by said agreement
and as generally provided by Chapter 22.72 of the Pasco Municipal Code; provided
further that the fire Marshall shall inspect the structure for compliance with
life safety requirements.
OTHER BUSINESS:
Mr. Crutchfield explained the formats of the staff reports and explained
the formulation of motions based on the findings offered in staff reports. The
Board members agreed with the foremat and Mr. Crutchfield suggestion that actual
motions be offered at the conclusion of a staff report. Board members and staff
discussed the differing aspects of variances , special permits, and appeals.
Mr; Crutchfield noted that staff reports will be written in a manner that respects
those distinction.
The e eing no further business , Vice Chairman Zahn declared the regular March
meetin o the Board of Adjustment adjourned at 9:30 p.m.
Respe ully submitted, ,
G y Cr tchf eld, Secretary
Pasco oar of Adjustment
BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING: April 23, 1980
The regular April meeting of the Board of Adjustment was called to order at 8:00
p.m. by Chairman Squires.
ROLL CALL:
MEMBERS PRESENT . MEMBERS ABSENT
David Squires, Chairman Shirley Zahn, Vice Chairman
Darwin Murray Al Tebaldi
Chan Tebay
STAFF MEMBER PRESENT: Gary Crutchfield, City Planner
Chairman Squires asked for any corrections to the minutes as prepared by the
secretary. There being none, Chairman Squires declared the ,minutes approved as
prepared for the meetings .of January 231 February 7, and March 26, 1980.
PUBLIC HEARING
A. VARIANCE: Side Yard (Bailey,' 80-6)
Mr. Crutchfield explained the nature of the variance application and summarized
the staff report. Distributed a memorandum dated April 23 explaining the off-street
parking requirements and property relationships. Chairman Squires declared the
public hearing open.
Mr. Frank Bailey, applicant, noted that a building permit was issued in 1974
authorizing placement of his paint shop on the alley line and stated that verbal
discussions with the Building Department at that time left him with the impression
that the addition now proposed would be permitted. Upon contacting the Building
Department to obtain a building permit recently, he had been informed that a
10-foot side yard requirement would prohibit him from extending the building as
proposed.
Chairman Squires asked several questions regarding the location of the
existing structures , property lines, setbacks, and the use of the alley.
Chairman Squires called for any other comments. There being none, Chairman
Squires closed the public hearing.
Board members discussed the factors presented in the staff report and Mr.
Bailey' s comments. Mr. Bailey asked if the parts storage and office areas could
be designed to avoid openings' in the wall to be placed on the alley line.
Mr. Bailey that it probably could. The Board noted that access to truck doors
in the east wall would be insufficient due to the absence of the normal setback. .
Mr. Bailey was asked if the expansion currently proposed had been included on the
drawings which he submitted for the 1974 building permit. Mr. Bailey and Mr.
Crutchfield both noted the 1974 drawings of record do hot include any further
expansion than that permitted in 1974.
BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING: May 28, 1980
The regular May meeting of the Board of Adjustment was called to order at 8:10 p.m.
by Chairman Squires.
ROLL CALL:
MEMBERS PRESENT MEMBERS ABSENT
Dave Squires, Chairman Al Tebaldi
Shirley Zah, Vice Chairman Darwin Murray
Chan Tebay
STAFF MEMBER PRESENT: Gary Crutchfield, City Planner
APPROVAL OF MINUTES:
Chairman Squires asked for any corrections to the minutes as prepared by the
secretary. There being none, Chairman Squires declared the minutes approved as
prepared for the regular meeting of April 23, 1980.
PUBLIC HEARINGS:
(NONE)
OLD BUSINESS:
APPEAL: VETERINARIAN CLINICS IN C-3 ZONE (80-5)
At the request of Chairman Squires, Mr. Crutchfield recited the background
of this appeal and capsulized the recent actions by the Board of Adjustment and
Planning Commission. Further explained the Planning Commission had firmly
concluded that such facilities were not permitted in the C-3 zone. Mr.
Crutchfield further suggested that the Board consider recommending that the
Planning consider permitting veterinarian clinics with outdoor facilities as
a conditional use in the C-3 zone.
Chairman Squires asked for Dr. Weisse's input. Dr. Weisse indicated that
last month's discussion covered everything and that he felt the Commission was
somewhat confused when they rendered their opinion a couple of weeks ago.
Chairman Squires noted that he had visited the site and asked why Dr.
Weisse need such a large outdoor area. Dr. Weisse indicated that he receives
20 or 30 head of cattle at a time. Dr. Weisse reiterated that he has no intention
of keeping animals over night outside the building that he intends to build.
Mrs. Strand, Road 60, Pasco, reiterated her feelings that Pasco is an
agricultural community and needs this kind of facility in the city.
Board members and Dr. Weisse discussed operational aspects of his facility
(dust, odor, treatment, boarding) .
Mr. Crutchfield noted the essence of the conflict is in the operational
aspects of the particular veterinarian clinic by virtue of its outdoor facilities.
Noted the recently adopted Comprehensive Plan "encourages agri business in the
Oregon Avenue area" ; operational aspects and, more importantly, the location of
Page 2
Board of Adjustment Minutes
May 28, 1980
such a facility can be properly reviewed and conditioned under the special permit
process; and therefore the Board should consider recommending the Planning
Commission consider amending the code to provide that such a facility can be
permitted in a C-3 zone upon issuance of a special permit.
Dr. Weisse stated his agreement with Mr. Crutchfield suggestion.
Motion by Mrs. Zahn, seconded by Mrs. Tebay and carried that the Board
forward the following recommendation to the Planning Commission for their consideration
at their regular June meeting:
That the Board finds:
1 . The recently adopted Comprehensive Plan encourages agriculture related
business in the Oregon Avenue area;
2. Outdoor treatment facilities in conjunction with veterinarian clinics
are deem preferable to working on large animals on trailers parked in
front of the clinic and, further, offers greater control over the animals;
3. Operational aspects and the location of such facilities can be properly
reviewed and conditioned under the special permit process;
4. Now therefore, the Board recommends the Planning Commission consider
amending Chapter 22.48 to provide that outdoor treatment facilities
in conjunction with veterinarian clinics may be permitted as a conditional
use.
It was noted that this item should be carried as old business on next months
agenda.
ANY OTHER BUSINESS:
(NONE)
Therbeing no further business, Chairman Squires declared the meeting
adjourn ddiat 9:05 p.m.
Respe tYully submitted,
Gary u hfi Id, Secretary
Pasco Board o Adjustment
BOARD OF ADJUSTMENT MINUTES
REGULAR MEETING: July 23, 1980
The regular July meeting of the Board of Adjustment was called to order at 8:00 p.m.
by Vice Chairman Shirley Zahn.
ROLL CALL:
MEMBERS PRESENT MEMBERS ABSENT
Shirley Zahn, Vice Chairman David Squires, Chairman
Chan Tebay Al Tebaldi
Darwin Murray
STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner
Mr. Crutchfield informed the Board of Mr. Tebaldi 's resignation due to his recent
employment by the City of Sunnyside. Reminded the Board that Chairman Squires is
in Europe.
APPROVAL OF MINUTES:
Vice Chairman Zahn asked for corrections to the minutes as prepared by the
secretary. There being none, Vice Chairman Zahn declared the minutes approved
as prepared for the regular meeting of May 28, 1980.
PUBLIC HEARINGS:
VARIANCE: Freestanding Sign (Cassens, 80-7)
Mr. Crutchfield explained the nature of the variance application, noting that
due notice of the hearing was given. Vice Chairman Zahn declared the public hearing
open.
Mr. Warren Cassens (applicant) explained he is preparing to construct a
motel on lots 1 through 5 and a portion of 6, Close Addition (about 1 ,000 feet north
of Highway 12 on North Fourth Avenue) and needs a freestanding sign high enough to
be visible to eastbound freeway travelers on Highway 12. Although his application
requests a sign 64-feet high, Mr. Cassens estimated that a sign 57-feet high would
be visible to east-bound travelers.
Mr. Crutchfield raw9ges4ed noted the elevation of North Fourth Avenue near the
proposed sign location is 395 feet.
There being no further discussion, Vice Chairman Zahn closed the public hearing.
Motion by Mr. Murray, seconded by Ms. Zahn and carried to grant a variance for
the erection of a freestanding sign of 57-feet in height near the southeast corner
of the subject property (lots 1-5 and a portion of 6, Close Addition to Pasco) and
not to exceed elevation 454 above mean sea level .
Page 2
Board of Adjustment Minutes
July 23, 1980
SPECIAL PERMIT: Petroleum Storage Tanks (Columbia Marine Lines 80-8) '
Mr. Crutchfield explained the nature of the special permit application and
informed the Board that due notice of the hearing was properly given. Vice Chairman
Zahn declared the public hearing open.
Mr. Ray Jubitz, Columbia Marine Lines, indicated his company has operated
the storage facilities for more than 4 years and an expansion of the storage capacity
for the Pasco area is needed.
Mr. Robert Kaspel , Columbia Marine Lines, stated that the new tanks have been
designed and will be constructed to meet all safety and construction standards
identified by API (American Petroleum Institute) and building and fire codes.
Mr. Bryce Hall , Port of Pasco, noted the Port had recently participated in a
L. I.D. for this area to install new and larger water lines to improve the fire
protection available to the industrial area. Fire hydrants in this vicinity now
provide in the neighborhood of 85,000 gallons per minute, more than 40% above
the Fire Department's estimated demand. -Further noted that the need for—additional
capacity is apparent and this location has been identified by the Port as the
site most suitable within the terminal area for the expansion, particularly in light
of the underground pipeline network associated with the storage facilities.
Mr. Crutchfield explained the relationship of the proposed installation with
the potential residential development on the north side of Ainsworth. Noted the
proposed location actually provides nearly twice the distance between-the two different
use areas thQn is required by the fire code; further noted the difference in elevation
provides some additional degree of protection. Further noted that residential use
of the land along the north side of Ainsworth may not be the most desirable.
There being no further discussion, Vice Chairman Zahn declared the public hearing
closed.
Motion by Mrs. Tebay and seconded by Mrs. Zahn to grant a special permit for
the installation and operation of two additional petroleum storage tanks (55,000 barrels
each, capacity) on Block 22, Riverside Addition, provided the tanks be situated as
far south (away from Ainsworth) as possible. Motion carried,
OLD BUSINESS:
APPEAL: Veterinarian Clinic in C-3 Zone
Mr. Crutchfield explained that the Board' s suggestion that the code be admended
regarding veterinarian clinics has been considered by the Planning Commission and
forwarded to the City Council in the form of a recommendation to amend all three
commercial zones to reflect what types of veterinarian clinics are permitted in the
respecfrj6 commercial zones. The Council considered the Commission's recommendation
on July 21 and adopted an ordinance modifying the zoning code in accordance with the
Commission's recommendation. Mr. Crutchfield noted that Dr. Wisse will probably
make application for special permit to conduct his clinic in accordance with the
new zoning regulations.
Page 3
Board of Adjustment Minutes
July 23, 1980
NEW BUSINESS:
APPEAL: Business License Denial (Taber, 80-9)
Mr. Crutchfield, noting this matter was not prepared in time for the agenda
package that was mailed to the Board members two weeks ago, distributed a memorandum
with attachments explaining the appeal by Mr. Taber of the denial of a business
license application. Mr. Taber had requested a business license be issued to
authorize operation of a repair shop for small engines at 1524 Road 32, zoned
C-1-D. The C-1-D Zone (Chapter 22.52) does not permit such a use; the C-1-D Zone
uses are strictly limited to shopping center and directly related uses.
The Board reviewed the material distributed, including a copy of Chapter 22.52
(C-1-D Zone) use regulations. Mr. Taber, appellant, explained that he rents a house
at this address and the detached garage on the rear of the property provides an area
in which to operate the business. Further stated that it wouldn' t bother anyone
and that sooner or later hopefully move to another location.
After some discussion regarding the contents of Chapter 22.52 and the authority
of the Board under the appeal process provided in Chapter 22.16, concluded the
denial of the business license application was required.
Motion by Mr. Murray, seconded by Mrs. Zahn and carried that the permitted
uses spelled out under Chapter 22.52 (C-1-D Zone) do not include small engine
repair services or any similar use and, therefore, affirmed the administrative
determination to deny issuance of the business license. The Board further suggested
that the property owner could request rezone or Mr. Taber could operate his business
from a properly zoned location.
There being no further business, Vice Chairman Zahn declared the regular July
meeting adjourned at 9:00 p.m.
Respectfully submitted,
Irt
Gary fiel , Secretary
Boardjustm` nt
BOARD OF ADJUSTMENT MINUTES
REGULAR MEETING: August 27, 1980
The regular meeting of the Board of Adjustment was called to order at 8:00 p.m.
by Chairman David Squires.
APPROVAL OF MINUTES:
Motion by Chairman Squires, seconded by Mrs. Zahn and carried to approve the minutes
of July 23, 1980 as prepared.
ROLL CALL:
MEMBERS PRESENT
David Squires, Chairman
Shirley, Vice Chairman
Chan Tebay
Darwin Murray
STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner
PUBLIC HEARINGS:
SPECIAL PERMIT: Veterinary Clinic in C-3 Zone (80-5-BoA)
Mr. Crutchfield explained the nature of the special permit application,
noting that two notice of the hearing was given. Chairman Squires declared the
public hearing open, noting that Dr. Wisse has described the use to the Board at
prior meetings, and therefore, Chairman Squires requested comments in opposition
to the proposed permit.
Mr. Kelly Condron, 2320 Easton (Richland), stated as owner of Lots 1-12,
and 17-24, Block 8, Fry' s Addition, he wish to express serious reservations as to
the proposed permit. Mr. Contron pointed out that he felt the proposed treatment
of livestock in a outdoor yard was not congruent with the industrial type of
agriculture businesses established in the immediate vicinity (farm machinery and
equipment) . Mr. Condron also expressed concern regarding the disposal of manure
and other animal wastes, noting that Dr. Wisse' s property is small when compared
to the large developments surrounding it. Mr. Condron further asked wheather or
not this proposal has been approved by the Benton-Franklin Health District.
Mr. Condron summarized his opposition by stating the proposed use does not appear
to be complimentary to the existing and planned commercial development in this
area.
Dr. Wisse, applicant, stated that he has no intention of "keeping" animals
outdoors in the yard except for treatment purposes. Should he need to keep livestock
more than one day, they will be placed indoors in a stall . Dr. Wisse explained
he presently disposes of all waste himself and will continue to do so; further noted
that disinfectants are used to control odors in the like. Stated the yard will be
fenced with a six foot high, see through fence. There is a definite need for live-
stock treatment faclities in the Pasco area and being located in close proximity
to the farm equipment/machinery sales area, it will be complimentary to the existing
uses. Dr. Wisse further noted that the existing businesses in the area fully
support his facility.
Page 2
Board of Adjustment Minutes
August 27, 1980
Mr. Kelly stated that his concern about the proposed use is not as great
if it will be operated as described by Dr. Wisse. Mr. Condron reiterated his
objection to the outdoor keeping of animals for other than immediate treatment.
There being no further public comment, Chairman Squires closed the public
hearing.
Board members discussed the proposed facility and noted the outdoor treat-
ment might be more compatible if a slatted fence was installed to obscure vision
of the yard.
Motion by Mr. Murray, second by Mrs. Zahn and carried that the Board
find the proposed outdoor treatment facility in conjunction with the veterinarian
service to generally be an appropriate use of Lots 1-5, Block 143, Pasco Land
Compnay' s First Addition and, therefore, grant the special permit to install
and operate such use subject to the following conditions :
1 . The outdoor treatment and loading/unloading area shall be situated
to the rear (south) of the building and vehicular access to said
area shall be on the east side of the building;
2. The outdoor treatment and loading/unloading yard shall be fenced
so as to prevent escape of livestock and the yard shall be treated
and maintained in a manner satisfactory to the Benton-Franklin
Health District to prevent emanation of odors beyond the property.
SPECIAL PERMIT: 100 Foot Radio Tower (80-10-BoA)
Mr. Crutchfield explained the nature of the Special Permit application,
noting the notice of public hearing was given. Chairman Squires declared the
public hearing open and requested public comment.
Mr. Walter Styner, applicant, explained he has requested a Special Permit
to erect a radio tower and antenna in the rear yard of his home. The tower and
antenna are in excess of 100 feet and are desired at that height to conduct ham
radio Trans-Oceanic conversations. Noted the existing trees on his and neighboring
properties are about 70 feet above ground level ; the tower needs to be above the
trees to minimize interference for reception/transmission. Possible interference
to neighbors will be minimized because of the height of the tower and, further,
FCC regulations require him to stop using the radio should it ever cause interference
to tevelision and radio reception at neighboring property. Also explained that
he fully intends to make the tower "super safe" because he doesn 't want to worry
baout it fallowing over; design and construction of the tower will exceed Uniform
Building Code requirements.
Page 3
Board of Adjustment Minutes
August 27, 1980
In response to questions from the Board, Mr. Styner stated that his radio
operation is strictly a hobby is in no way affiliated with a business. Also
explained that the tower is actually 105 feet, with a ten or 20 foot antenna
on top of the tower; this, in effect, creates a total height of approximately 120
feet. Mr. Styner further noted that their are several ham radio towers in the
surrounding neighborhood.
Mr. Daron Tate, 719 West Jan, stated he is also a ham operator.
Confirmed Mr. Styner's statement that the tower height will avoid or minimize
interference to neighboring properties; ham radio operations are better for
neighbors than the citizen band operations; stated that he has a tower 30 feet
in height. In response to questions by the Board, Mr. Tate state that he could
presently contact Australia but it is very weak contact. Mr. Tate further stated
that he is also in instrument pilot and the proposed tower would not present a
problem to the use of the southeast runway at the airport.
Jim Morasch, Tri Cities Airport Manager, explained the runways, types of
approaches and the approach zones established for height limits and airport
safety. Mr. Morasch explained that the letter from the FAA to Mr. Styner approving
a 120 foot tower on his property was based on the FAA's review of the airport's
5-year plan; the airport is in the process of modifying its long range plans to
include the possible use of the southeast runway as a precision instrument runway.
Explained that should that runway be used for precision instrument approach,
the height limit under FAA regulations would be lower. Mr. Morasch stated that
it is imperative to the airport' s future planning to maintain the 50 to 1 height
restriction for all the runways, particular the southeast runway, as described in
the city' s airport zoning regulation.
Mr. Jim Sisk, 1747 North 7th, asked why there is an 85 foot maximum
height. Mr. Crutchfield explained the airport zoning regulations within the city
zoning code which estalbishes a height limit in relation to the airport zones;
the effect of these regulations to Mr. Styner's property results in a maximum
height for any type of structure of 85 feet. Anything higher than than 85 feet
will intrude into the approach zone for the runway. Mr. Styner responded to Mr.
Sisk's question , further explaining that the base of the tower is about 5 and one
half feet and will be placed on a concrete base.
Mr. Murray stated that a 100 foot tower is dangerous to general avaiation, _
particularly noting that students may sometimes fly as low as 100 feet above the
ground. Further stated that this is in the path for landing on the southeast
runway. Mr. Murray went on to relay his experience in approaching the southeast
runway, noting that he is often less than 200 feet above ground in this particular
vicinity.
Mr. Styner, in response to questions of the Board, stated he would not
be able to put in a tower stabilized by guywires because of the small area of
his property. Mr. Styner further explained that he had contacted the Building
Inspector a year ago, as noted in his application, and had been told the only
approval necessary would be that from FAA. Noted he has obtained approval for
a 120 foot tower from the FAA.
Respec , ully submitted,
Page 4 Gar c fi d, Secretary
Board of Adjustment Minutes
August 27,. 1980 Pasco Board f Adjustment
The Board discussed an option to provide that if Mr. Styner can convience
the City Council to amend the airport zoning regulations within the zoning code to
establish a 34 to 1 ratio for the appraoch zone rathen than 50 to 1 , he could then
place the tower at a 120 feet. Mr. Morasch, Airport Manager, objected to changing
the city zoning regulations to establish a 34 to 1 height restriction and objected
to allowing a tower height any greater than the 85 feet presently permitted under
the city zoning regulations.
Motion by Ms. Tebay that the Board grant the Special Permit for the erection
of a radio tower and antenna in the rear yard of Lot 12, View Terrace Addition,
with the following conditions:
1 . That no part of the tower and antenna be more than 490 feet above
mean seal level ;
2. That the design/construction of the tower and antenna meet or exceed
the wind load design requirement.
3. That the tower be modified or removed upon proof (sufficient to--the .
Board after public hearing) that the customary use of neighboring
television„radio sets are being interrupted because of the use of
said tower.
Motion failed for a lack of second.
Motion by Ms. Zahn and second by Mr. Murray to deny the request for
Special Permit. Mr. Crutchfield requested a statement as to the basis for denial .
After some discussion, Chairman Squires stated that the denial was based on the
potential hazard to the established flight patterns, potential inhibition to
airport planning, and the visual impact to the immediate neighborhood.
Roll Call Vote: Yes - 2;
No - 2.
Motion failed.
The Board further discussed the safety aspects of air traffic in this
vicinity. Chairman Squires tabled action on this item until the regular September
meeting to allow the Board members to investigate the matter further.
VAR3.ANCE: Side Yard Reduction (80-11-BoA)
Mr. Crutchfield explained the nature of the variance application, noting
that due notice of the hearing was given. Chairman Squires declared the public
hearing open. Mr. Robert Zachow, representing the hospital , stated the variance
is necessary due to the surrounding commercial development and desire to
not displace an existing tree and parking space.
Mr. Crutchfield explained that the R-1 zone requires a set back for the
garage whereas the surrounding C-1 zone requires no set back for any structure.
Motion by Ms. Zahn, second by Ms. Tebay and carried that the the Board
grant a variance for Lot 6-10, Block 5, Sylvester Park Addition, to waive the
side yard requirement for the garage adjacent the west line of said property,
provided the construction of the garage meet Uniform. Buildin g Code requirements.
.There being no further business, Chairman Squires adjourned the regular
August meeting of the Board of Adjustment at 9:55 p.m.
BvAr
Ce4t)IAC., SaprjFNMC HeEn411
CA NcEc:C.Eo
zua ro c.kct OF BOS( mess
BOARD OF ADJUSTMENT MINUTES
REGULAR MEETING: October 22, 1980
The regular meeting of the Board of Adjustment was called to order at 8:05 p.m.
by Chairman Dave Squires.
ROLL CALL:
MEMBERS PRESENT MEMBERS ABSENT
Dave Squires , Chairman Chan Tebay
Shirley Zahn, Vice Chairman Sharon Lawson
Darwin Murray
STAFF MEMBER PRESENT: Gary Crutchfield, City Planner
Mr. Crutchfield noted that Mrs. Tebay was unable to attend the meeting
and that staff had failed to send a staff report to Mrs. Lawson and she had
asssumed there was no business for the meeting.
APPROVAL OF MINUTES:
Chairman Squires noted that line four, page 3 of the September 24, minutes
should be amended to add the :word "permit" after the word "special " . There
being no further changes, Chairman Squires declared the minutes of the regular
meeting of September 24, 1980 approved as amended.
PUBLIC HEARINGS:
A. SPECIAL PERMIT: Radio Tower in R-1 Zone (80-10-BoA)
Mr. Crutchfield briefly described the nature of the request and the proceedings
to date. Chairman Squires declared the hearing open and requested input from Mr.
Styner, the applicant.
Mr. Styner distributed a copy of his written substantiation of his application
to each Board member and the secretary. Mr. Styner briefly described the contents
of th.e document, concluding that the Board should find the proposed height of
the radio tower do not conflict with the present status of the approach zone
restrictions of the southeast runway. Mr. Styner emphasized the fact that none of
the surrounding residents have objected to the proposed permit.
Mr. Jim Morasch, Airport Manager, explained the future need to convert the
southeast runway to a 11Precis5lon instrument approach" . This would require
a wider approach zone and, therefore, greater restriction of structures beneath
it. Mr. Morasch went on to explain the relationship of the approach zone restrictions
to the flight patterns and maneuverability of a plane, pointed out that a common
200 foot ceiling and the proposed 120 foot tower would leave only 80 feet in which
to maneuver a plane.
Board members requested to view the approach zone overlays in the Planner's
office. fleeting was moved to the Planner's office to view the overlay in
relation to the plat map. Discussion in Planner's office (on tape) included
explanations of flight patterns, particularly general aviation and student flights,
and the distance of the property from the runway approach was scaled off to
verify the measurements used in both Mr. Styner's written submittal distributed
this evening and the Planner's report distributed last month.
Page 2
Board of Adjustment Meeting
October 22, 1980
The meeting was moved back to the Council Chambers with all persons
present.
Board members discussed the need to preserve the integrity of the airport
approach zones and future ability of the airport to accomodate increased services.
The Board asked Mr. Styner if his radio tower could be modified to not exceed
85 feet above ground level . Mr. Styner answered that he does not know if it
can be modifed in that respect. Mr. Styner further suggested that the Board
grant a permit to erect the tower to a height of 120 feet above ground with
the requirement that Mr. Styner agree that he will modify dr remove the tower
to conform with any future approach zone requirements if and when 'the airport
modifies the usage of the southeast rundway.
Mr. Crutchfield, using the blackboard explained the relationship of the
southeast runway, the present and potential approach zone restrictions and
Mr. Styner's property. Emphasized the Board should relate to the mean sea level
figures as opposed to height .above ground level . Proceeded to explain and
illustrate the potential precission instrument approach zone restrictions
would require that no structure on Mr. Styner's property exceed 527 feet
mean sea level . Further explained that the mean sea level elevation of Mr.
Styner's property (approximately 415) would be subtracted from the 527
MSL to determine the maximum height of any structure. Mr. Crutchfield further
emphasized that the airport zone restrictions merely established the maximum
height of structures in relation to aviation safety; suggested the board should
also consider the height of existing towers in this same vicinity as well as
the question of reasonable heights in a residential neighborhood.
Mr. Styner reiterated his previous assertion that a special permit is
not required for the erection of a tower in excess of 25 feet. Mr. Styner
based his conclusion on the content of Section 22. 24.050 which uses the
term "building" , not "structure". Mr. Crutchfield read a memorandum from
-•- the City Attorney regarding this interpretation and explained that although -
a person might consider the term to exclude structure, Section 22.12.010
(2) specifically states that the term building includes structure.
The Board again asked Mr. Styner if he could modify the tower to an
approximate height of 85 feet above ground. Mr. Styner indicated NO.
11 Motion by Mrs. Zahn and second by Mr. Murray- that the Board find. that
the proposed height of the tower would constitute infringement on aviation ..
safety and that the proposed tower height far exceeds the height of
existing similar towers in the same vicinity of the proposed tower and, therefore
deny the special nermit as requested. After some discussion, motion carried,
2-1 , with Chdfrman Squiret voting NO. .
B. SPECIAL PERMIT: Caretaker' s Residence in I-1 (Lee, 80-13-BoA)
Mr. Crutchfield explained the location and nature of the special permit
application. Chairman Squires declared the hearing open and requested comment
in favor of the proposal .
Mr. Clay Mann, 1109 West Yakima, stated that the business at the southeast
corner of 5th and Ainsworth (Chick Sales) has experienced considerable theft
problems and the installation of a caretaker's residence near the business should
Page 3
Board of Adjustment Meeting
October 22, 1980
reduce the extent of crime. In response to questions from the Board, Mr. Mann
indicated the mobile home would be hooked to city utilities, will probably contain
two people (husband and wife) , and that the trailer will be placed approximately
30 feet inside the fenced property line of Lot 10.
Mrs. Riva Schmidt, 1002 South 6th, stated that the fence around Lot 10
is in very poor condition and more of an eye sore than a screen. Noted the
recent L. I. D. and its cost to the surrounding property owners represent a
significant investment on the part of the residential owners to improve the
neighborhood. Also noted the building occupied by the business (Chick Sales)
had a caretaker's residence above (on the second floor) . Asked why that couldn' t
be used rather than installing a mobile home. Mrs. Schmidt suggested that a
better fence be installed to improve security rather than install a mobile
home and leave the inadequate fence.
Mrs. Rita Glatt, 7008 Valleyview, stated she owns a duplex immediately north
of Lot 10. Noted the proposed mobile would be clearly visible from the duplex
and would detract from both the value of her property as well as surrounding
residential properties.
Board members asked Mr. Mann about the relationship between the
person residing. in the mobile home and security of the business.
Mr. Mann indicated that the resident of the mobile home would, in effect be
an employee of the business intended to provide improved security for the
equipment and materials stored behind the business building.
Mr. Crutchfield drew the property on the blackboard and illustrated
the location of the business building (Chick Sales) , the fence, the neighboring
residential units (and the proposed mobile home). Mr. Crutchfield rioted the-proposed
location of the mobile home would be on property which is not occupied by the.
principal industrial use (Chick Sales). Suggested the mobile home be placed
behind (north of) the Chick Sales building in the storage area.
Mr. Harry Lee, applicant, stated he owns all of the property involved.
Board members discussed optional locations of the mobile home in relation to
the criteria of the zoning ordinance. Board members expressed the need to view
the property before making a decision.
Motion by Mr. Murry, second by Mrs. Zahn to continue the hearing to the
next regular meeting. Board members question the need to wait a full month.
Motion by Mr. Murray, second by Mrs. Zahn to amend the previous motion by
continuing the hearing to 8:00 p.m. Wednesday, November 5, 1980 rather than
the next regular meeting. Motion carried.
There being no further business, Chairman Squires adjourned the regular October
meeting of the Board at 10: 10 p.m.
Respectfully submitted,
Gary Crutchfield, Secretary
Board of Adjustment
BOARD OF ADJUSTMENT MINUTES
SPECIAL MEETING: November 6, 1980
Special meeting of the Board of Adjustment was called to order at 8:00 p.m. by
Chairman Squires who explained the meeting is a continuation of the October 22
meeting regarding Special Permit request. File No. 80-13-BoA.
ROLL CALL:
MEMBERS PRESENT
Dave Squires, Chairman
Shirley, Zahn, Vice Chairman
Chan Tebay
Darwin Murray
Sharon Lawson
STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner
APPROVAL OF MINUTES:
There being no changes proposed, Chairman Squires declared the minutes of
the regular meeting of October 22, 1980 approved as prepared.
PUBLIC HEARINGS:
SPECIAL PERMIT: Caretaker' s Residence in I-1 Zone (Lee, 80-13-BoA)
Chairman Squires explained the hearing on this matter continued from the
October 22 meeting to this evening in order to allog Board members to individually
visit the property involved. Chairman Squires requested the applicant to provide
any further information.
Mr. Clay Mann, representing the applicant, reiterated the factors
noted at the hearing on October 22 regarding theft and the owner's desire to
install a caretaker's residence.
Board members questioned Mr. Lee (property owner) regarding the proposed
location of the caretaker' s residence in relation to the targer of the theft
activity (service trucks) , concluding the caretaker's residence is supposed to
be located on property which is not part of Chic Sales while the target of
the theft activity (service trucks) is located on the Chic Sales property at
the corner of 5th and Ainsworth. Board members noted the proposed location for
the caretaker's residence is on property separate from the principal use which
it is intended to provide security for and, therefore, does not meet one of the
criteria of the ordinance. It was suggested that the service trucks be moved
from the Chic Sales lot to the property on which the caretaker's residence will be
located and that the property be fenced. Mr. Lee stated he could probably do that.
Board members further noted the mobile home that has already been moved
on to the property (but not occupied) , is set up on concrete blocks approximately
4 or 5 feet above the ground elevation. Board members further noted that the
height of the mobile home as it has been already set up represents an intrusion
to the established residential uses immediately north, as noted at the October
hearing by those property owners. Board members suggested lowering the mobile
home to minimize the conflict. Mr. Lee stated the Board should forget the
whole matter and he will move the mobile home off the property. Mr. Lee left
Page 2
Board of Adjustment Minutes
SPECIAL MEETING: November 6, 1980
the hearing room.
Board members discussed Mr. Lee's abrupt departure, concluding that
Mr. Lee be invited to return to the Board at the next regular meeting rather
than over react this evening.
Motion by Mr. Murray, seconded by Mrs. Lawson and carried to table
action on this matter until the regular November meeting and Mr. Lee be so
informed.
It was noted Mrs. Schmidt, a nearby property owner, that the property
which has been proposed for the caretaker's residence was rezoned quite sometime
ago with conditions that prohibits the storage of service trucks on that property.
Mr. Crutchfield, after searching the department records returned and read the
contents of Ordinance No. 1253 which rezones lots 9 and 10 with the condition
that no storage of service trucks or portable toilets occur on said property.
Board members requested a copy of the ordinance for the next meeting.
There--being no further business, Chairman Squires adjourned the
special meeting at 8:45 p.m.
Resp ' tully submitted,
Gary ; "4 fie d, Secretary
Board off dju tment
BOARD OF ADJUSTMENT MINUTES
SPECIAL MEETING: December 10, 1980
A special meeting of the Board of Adjustment was called to order at 8:10 p.m.
by Chairman Squires who explained the regular november meeting had been postponed
until this evening because of the holidays.
ROLL CALL:
ME"iBERS PRESENT MEMBERS ABSENT
Dave Squires, Chairman Darwin Murray
Shirley Zahn, Vice Chairman Chan Tebay
Sharon Lavison
STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner
APPROVAL OF MINUTES:
There being no changes proposed, Chairman Squires declared the .minutes of the
Special Meeting of November 6, 1980 approved as prepared.
PUBLIC HEARINGS:
SPECIAL PERMIT: CARETAKER'S RESIDENCE IN I-1 ZONE (Lee, 80-13-BOA)
Mr. Crutchfield explained this matter had been carried over from the previous
meeting as directed by the Board and that Mr. Lee had been notified both by
telephone and letter that the Board would not take final action on this matter
until fir. Lee had been provided another opportunity to meet with the Board.
Mr. Crutchfield noted that Mr. Lee had not contacted him since the letter was
written and assumed that Mir. Lee has not changed his mind since November 6.
Board member reviewed the facts of the case as had been identified in the
previous two meetings, noting the restrictions of Ordinance No. 1253 together
with the fact that no business presently exist on Lot 9 and 10 effectively leaves
the Board no choice but to deny the application. Board members discussed the effect
of denial inasmuch as the mobile home has already been placed on the property.
Mr. Crutchfield indicated that staff would formally inform the property owner
(NIr. Lee) of the Board's action and provide a resonable period of time to remove
the structure.
Motion by Ms. Zahn, second by Ms. Lawson and carried that the Board finds
there is no principal business used on Lots 9 and 10 and, therefore, a Special
Permit for a Caretaker's Residence is denied. The Board further directed staff
to provide a February 1 , 1981 deadline for removal of the mobile home.
SPECIAL PERMIT: Off-Premise Directional Sign (Graham, 80-14 BoA)
Chairman Squires noted that there was no one present to speak for or against
this application and, noting the delayed meeting, suggested this item be moved
to the bottom of the agenda. Board members agreed.
Page 2
Board of Adjustment: Special Meeting
December 10, 1980
OLD BUSINESS:
SPECIAL PERMIT: Radio Tower in R-1 Zone (80-12-BoA)
Mr. Crutchfield explained that the Board has requested in writting by
the applicant to reconsider the Board's denial at the October 22 meeting.
The reconsideration request includes a significant modification of the facts
upon which the Board acted in October and, therefore, provides the opportunity
for the Board to conduct the reconsideration of the matter. Mr. Crutchfield
further explained the modification by the applicant is to remove the to section
of the tower, resulting in a total tower height of 99 feet, with no antenna
beyond that. This results in a tower height which is above the tree line
(which allows the tower to function) and which is at least twenty feet below
the future most restrictive approach zone ceiling. Mr. Crutchfield stated that
he had contacted the Tri Cities Airport ,Tanager (fir. Jim ✓iorasch) regarding
the modification and its effects; Mr. Morasch had assured Mr. Crutchfield the
airport could live with the 99 foot tower but did request that a red light
attached to the top of the tower to provide a hazard warning light for aircraft.
Board members discussed the possible problem of interference to neighboring
television and radio sets, concluding that the condition recommended by staff
should be modified somewhat but generally covers the issue.
Mr. Sterl Adams, 524 West Yakima, stated that Mr. Styner had compromised
by reducing the tower to preserve aviation safety and felt the Board is going
beyond the issue by considering the effect to neighboring television and radio
sets since the FCC governs the use of Mr. Styner's radio. Mr. Adam further
stated that he felt the Board shouldn' t be concerned about the removal of the
tower. Mr. Crutchfield explained the tower represents a unique or special
use in a residential neighborhood and, therefore, the Board should be concerned
as to the effect that this special use might have on the normal and customary
functions of a neighborhood. Mr. Crutchfield further explained should the
use of the radio cause undue interference in the normal and customary functions
of neighboring households, it would seem that the radio interference be ceased;
this may require modification of the tower or, if the only way to cease the
interference would be to discontinue the use of the radio, the tower should be
removed as it no longer required if the radio cannot be used.
Mr. Styner, applicant, reiterated the FCC does regulate the use of his
radio but acknowledged the concern expressed by the Board and staff regarding
the potential interference. Mr. Styner further agreed that should the tower
unduly interfer with the customary functions of the neighborhood the tower
would be removed. Further noted the potential for him moving from that property
and selling the property to a new owner; he would either sell the property to
an individual interested in ham radio transmissions or take the tower with him
or sell the tower to be moved to a different location.
Ms. Lawson questioned the structural integrity of the tower, noting her
concern that it not fall-over in a strong wind and damage neighboring property.
Mr. Styner assured the Board the tower is structurally sound and will be affixed
to the ground in a manner which succeeds the requirements contained in the Uniform
Building Code.
Motion by Ms. Lawson that the Board acknowledge the modified application
and related findings and grant the Special Permit to erect the subject tower in
the rear yard of Lot 12,. View Terrace Addition, subject to the following conditions:
Page 3
Board of Adjustment: Special Meeting
December 10, 1980
1 . That no part of the tower and antenna be more than 512 feet above mean
sea level ;
2. That the design/construction of the tower and antenna meet or exceed
UBC wind load design requirements;
3. That the use of the tower shall be modified or the tower removed upon
proof sufficient to the Board after public hearing the customary use of
neighboring television or radio sets are being unduly interrupted of
the use of said tower;
4. That a 30 watt, red warning light shall be affixed to the top of the tower
for aviation safety.
-lotion second by Ms. Zahn and carried.
SPECIAL PERMIT: Veterinarian Clinic in C-3 Zone (80-5-BoA)
Fir. Crutchfield explained the owner of the property on which the vet clinic
was originally intended to be built has decided to construct a larger and somewhat
different building on property immediately east of the original site. Noted
that should the Board concur with the modified location and design, the special
permit approved several months ago should be amended to reflect the modified
development.
Board members discussed aspects of the original plan versus modified
proposal , concluding the more recent development plan constitutes a substantial
improvement over the original plan.
Motion by Ms. Zahn, second by Ms. Lawson and carried that the Board find
the proposed modification improves upon the original permit and, therefore, the
Board amends Special Permit PJo. 80-5 to include Lots E and 19-24, Block 143
of Pasco Land Company' s First Addition.
SPECIAL PERMIT: Off-Permise Directional Sign (Graham, 80-14-BoA)
Mr. Crutchfield noted that this matter should be formally postponed by motion
or acted upon by the Board this evening. Chairman Squires rioted that no one
has arrived to represent the applicant. Ms. Lawson suggested waiting until
the next meeting to act on this matter in light of the fact that the meeting
had been rescheduled the applicant may have been unable to attend this evening.
Motion by Ms. Lawson, second by Ms. Zahn and carried to postpone the hearing
on this matter until the meeting scheduled for January 7, 1981 .
There being no further business, Chairman Squires adjourned the meeting
at 9:15 p.m.
Respectfully submitted,
Gary Crutchfield, Secretary
Pasco Board of Adjustment