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HomeMy WebLinkAboutBOA 1981.pdf BOARD OF ADJUSTMENT MINUTES SPECIAL MEETING: January 7, 1981 A special meeting of the Board of Adjustment was called to order at 8:00 p.m. by Chairman Squires who explained the regular December meeting had been postponed until this evening because of the holidays. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Dave Squires, Chairman Chan Tebay Shirley Zahn, Vice Chairman 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 special meeting of December 10, 1981 approved as prepared. PUBLIC HEARINGS: SPECIAL PERMIT: OFF-PREMISE DIRECTIONAL SIGN (Graham, 80-14-BoA) Mr. Crutchfield explained the history of the sign code as it relates to off-premise signs in the downtown area and explained Mr. Graham' s application for a special permit to maintain an off-premise directional sign. Read four letters from nearby property owners. Jack Graham, applicant, stated that he purchased the property on the south side of Lewis Street for the purchase of using the existing sign poles to erect signing for his motel business. He further explained that the owner of the Northlight Studio next to the sign pole has caused Mr. Graham considerable grief about a variety of problems. Mr. Graham also stated that he felt that the City Council wanted the permit to be issued and referred to a previous discussion between he and the City Council . Stated that it is unfair to restrict this type of signing in one area of the city and not in other areas. Mr. Crutchfield suggested that Mr. Graham approach the Council regarding the unfairness concept; however, the code is explicit as to off-premise signs in the downtown area. Board members discussed alternatives to the off-premise sign, specifically the option of placing a sign on the face of the motel building identifying the restaurant inside. Mr. Graham stated that the trees would interfenowith vision of the sign. Board members expressed their concurrence with the letters read at the beginning of the hearing regarding the confusion and clutter created by off- premise signs. Board noted the existing sign pole had historically been used to identify businesses located on the same property that supported the sign. Motion by Ms. Lawson, second by Ms. Zahn and carried that the application for special permit be denied based on the findings and conculsons contained in the staff report. 1 Page 2 Board of Adjustment Minutes Special Meeting: January 7, 1981 SPECIAL PERMIT: OFF-PREMISE DIRECTIONAL SIGN (DeZarn, 80-15-BoA) Mr. Crutchfield explained the nature of the application and read two letters from nearby property owners. Mr. Donald DeZarn, applicant, stated that when he bought the Jones Motel 21 years ago he had the sign moved from the Jones Motel parking lot on the north side of Lewis Street to its present location on the south side of Lewis Street because of its parking area at the motel . Stated that the sign has helped his business considerably over the years. . . ... _..,Board members and Mr. DeZarn discussed the existing signing associated with the Jones Motel . Discussion focused on the possibility of attaching the Jones Motel sign to the pole sign existing near the northwest corner of 9th and Lewis Street (north side of Lewis Street). Motion by Ms. Zahn, second by Ms. Lawson and carried to table further consideration of this application until the next regular meeting. There being no further business, Chairman Squires adjourned the special meeting of the Board of Adjustment at 9:00 p.m. Respectfully submitted, Gary Crutchfield, Secretary Board of Adjustment 1 BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: February 3, 1981 The regular January meeting of the Board of Adjustment was called to order at 8:00 p.m. by Chairman Squires who explained the normal meeting date had been postponed until this evening because of the lack of quorum on January 28. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Dave Squires, Chairman Darwin Murray Shirley Zahn, Vice Chairman Sharon Lawson Chan Tebay 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 January 7, 1981 approved as prepared. PUBLIC HEARINGS SPECIAL PERMIT: OFF-PREMISE DIRECTIONAL SIGN (DeZarn, 80-15-BoA) Mr. Crutchfield briefly summerized the discussion which occurred at the previous meeting (January 7) and noted the Board had tabled the matter until this evening in order that Board members might visit the property to determine optional signing methods available to the applicant. Mr. Donald DeZarn, applicant, questioned the Board regarding the letters read ad the previous meeting. Mr. Crutchfield explained the two letters, one from the Downtown Merchant's Association and one from Griggs Shopping Center. Mr. DeZarn also asked to be informed again of the boundaries of the restricted signing area. Mr. Crutchfield described the area as specified in the Sign Code. Mr. DeZarn noted that a large off-premise sign is on the south side of Columbia Street facing 10th Avenue identifying Griggs parking lot. Mr. Crutchfield pointed out that the Griggs sign is located outside the proscribed. Chairman Squires briefly described the options available to Mr. DeZarn in lieu of the off-premise directional sign, as follows: (1 ) A new pole sign could be placed in the area near the existing pole sign identifying Arlene's Flowers; (2) A new sign face could be attached to the existing pole sign above Arlene's Flowers sign; (3) A building sign could be erected on the property. Mr. DeZarn stated that he felt he could not put a sign above Arlene's Flowers sign because he does not own the pole. Chairman Squires asked Mr. DeZarn if he owned all of the property on which the motel and Arlene's Flowers sits; Mr. DeZarn answered yes. Chairman Squires explained as that as a property owner Mr. DeZarn does have the three options mentioned. Page 2 Board of Adjustment Minutes February 3, 1981 Board members discussed the pertinent facts, including the length of time the existing off-premise directional sign has been in place, its current condition; and the options available to the applicant which do not require special permit. Motion by Ms. Zahn, second by Ms. Lawson and carried that the Board find as follows: (1 ) The investment represented by the non-conforming off-premise directional existing on Lot 6, Block 4, Pettit's Addition of Pasco, being in place for at least 21 years, has been adequately amortized; and (2) An alternative location for a similar sign which complies with the present requirements in the Municipal Sign Code is available to the applicant; and (3) This business does not appear to have any unique locational characteristics that would require an off-premise directional sign; (4) NOW THEREFORE, the Board denys the special permit and orders the removal of the non-conforming off-premise directional sign on Lot 6, Block 4, Pettit's Addition to Pasco by February 1 , 1982. Mr. Crutchfield explained the one year time period for removal was recommended in order to allow Mr. DeZarn sufficient time to pursue the various alternatives available to him as well as to allow sufficient time with respect to the present tight money situation. Board members agreed, noting that one year seems very sufficient. SPECIAL PERMIT: HAZARDOUS USE IN I-1 ZONE (Larimer, 81-01-BoA) Mr. Crutchfield explained the nature and location of the proposed special permit application and the factors which require review by the Board of Adjustment. Noted due notice has been given and no correspondence has been received. Mr. Jim Larimer, applicant, explained the present operation on the property is primarily the distribution of acetylene charged tanks throughout the Tri Cities region. They presently have liquid oxygen and carbon monoxide storage tanks in place and in use and has done so for some time. They now wish to build a small building behing the existing structure to be used for the mixing of acetylene gas and charging of cylinders on-site for such distribution throughout the region rather then ship in precharged tanks from Portland and Spokane. Mr. Larimer noted the building is designed to comply with all Uniform Building Code and Uniform Fire Code requirements for the particular operation to occur in the building. OXARC has been in Pasco since 1956; originally in the area of Fourth and Court, - moving to the 500 block of Oregon Avenue and finally to the present location in 1977. In response to questions from Board members, Mr. Larimer explained that the nature of acetylene gas requires a charging plant as proposed; it is not possible to charge smaller tanks from larger tanks. Also explained that the fire protection system required by the Uniform Fire Code in the charging room (where the gas will be mixed and tanks filled) is a "deluge" system which would produce a flood of water in the event of mishap. Mr. Larimer further explained that the building has been designed with explosion panels in the roof as required by the Uniform Building Code Page 3 Board of Adjustment Minutes February 3, 1981 and the walls have been designed in conjunction with the roof panels to withstand the force of a possible explosion inside the building; in the event of an explosion, the walls should remain in tact while the roof panels would vent the explosion. Mr. Larimer also noted that the nearest residential property is about 500 or 600 feet away. Ms. Jo Carol Neely, 731 South Wehe, stated that acetylene gas is dangerous, of explosive, and has an offensive odor. Stated she lives approximately 350 feet east of the OXARC plant and objects such a facility being located so close to her home. Chairman Squires asked if Ms. Neely has natural gas in her home. Ms. Neely said yes. Chairman Squires explained the nature and use of natural gas in a home is very similar to the nature and use of acetylene. Mr. Larimer noted that acetylene gas is not poisonous. Mr. Crutchfield explained the extent of "threat" to the residential neighborhood east of Wehe Avenue does not include poisonous gas; there is a risk of explosion. However, the building designed to minimize the impact of such an explosion and the residential uses are far enough away that they should not expect any effect from an explosion. Ms. Willean Fritz, 530 South Beech, asked what recourse is available to the residents should they experience offensive odors from the plant. Mr. Crutchfield explained that in addition to calling the city, the Tri County Air Pollution Control Authority and Environmental Protection Agency both are quick to respond to such complaints and can quickly remedy such a problem. Mr. Larimer noted that leaks of gas are not desired by his company and should a leak occur they would certainly correct the problem in short order . Ms. Sadie Moss, 632 South Beech, noted her objection to the proposal . Ms. Beatrice Perkins, 725 South Beech, noted her objection. Ms. Lizzie White, 713 South Douglas, objected to the proposal also. Board members diiscussed the nature of the plant operations and the potential threats to the residential neighborhood which lies to the east. Board members generally concluded that acetylene is no more dangerous or offensive than natural gas and that the operation will be conducted by individuals trained in handling of such. Motion by Ms. Lawson, second by Ms. Zahn and carried that the Board adopt the following findings: (1 ) The proposed expansion has been designed to conform with contemporary UBC regulations for the hazardous aspects of the operation; and (2) The charging plant will be placed within the site in such a manner to minimize any potential harm to neighboring properties; and (3) The charging plant is at least 300 feet from the nearest residential use; Page 4 Board of Adjustment Minutes February 3, 1981 (4) NOW THEREFORE, the Board grants the special permit to OXARC, Inc. for the operation of an acetylene gas generating and cylinder compression plant at 716 South Oregon Avenue. OTHER BUSINESS: Board members discussed the residency requirement. Mr. Crutchfield explained that Mr. Murray has moved out of the city and a conflict with other committments on regular Board meetings. Mr. Crutchfield stated he expects Mr. Murray to submit a resignation within the next month. There being no further business, Chairman Squires adjourned the regular January meeting at 9:10 p.m. Respectfully submitted, Gary Crutchfield, Secretary Pasco Board of Adjustment BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: March 18, 1981 The regular March meeting of the Board of Adjustment was called to order at 8:00 p.m. Chairman Squires who explained the normal meeting date had been moved up one week because of the conflict with other meetings. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Dave Squires, Chairman Shirley Zahn, Vice Chairman Sharon Lawson Darwin Murray Chan Tebay STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner APPROVAL OF MINUTES: There being no changes proposed, Chairman Squires declared the minutes of the February 3, 1981 meeting approved as prepared. PUBLIC HEARINGS VARIANCE: HEIGHT OF FREESTANDING SIGN (Red Lion, 81-07-BoA) Mr. Crutchfield briefly explained the nature of the variance request and the staff recommendation to approve the variance to allow a 60-foot high sign. Mr. Russ Cox, 931 Lincoln Drive, explained that east bound traffic on Highway 12 is unable to see the present 40-foot high sign until they are right on top of the 20th Avenue exit. This creates a safety hazard to traffic and inhibits the volume of their business which depends on highway traffic. Mrs. Tebay asked about the possible glare that would caused to the residential uses on the south side of Highway 12. Mr. Cox stated that the sign will be back lighted and should not be any problem because of the distance. Mr. Crutchfield noted that the nearest residential use was about 6 to 800 feet south across the highway. There being no further discussions, Chairman Squires closed the public hearing. Motion by Ms. Tebay, second by Mrs. Lawson and carried that the Board grant a variance from the height restrictions of PMC Secton 17.24.030 to allow a freestanding sign to be erected at the Red Lion facility not to exceed 60-feet in height from grade. SPECIAL PERMIT: OFF-SITE PARKING (Plumber's Union Hall , 81-09-BoA) Mr. Crutchfield explained the location of the Plumber's Union Hall in the absence of sufficient off-street parking. Explained the provision of PMC 22.84.020 which provides that the Board may approve off-street parking on property within 500 feet of the site which generates the parking demand. Page 2 Board of Adjustment Minutes March 18, 1981 Mr. Ed Cheek, representing the Plumber's Union, explained that the lots will be paved to avoid the dust problem. They plan to install a fence or shrubbery along the east property lines. Noted that the present lack of parking results in about 200 cars parked on the street throughout the neighborhood instead of off-street near the Union Hall . The proposal will provide more than 100 off-street parking spaces adjacent to 28th Avenue and should reduce the present on-street parking problem. After some discussion with Board members regarding the potential use of the alley from 28th Avenue east to 26th Avenue, Mr. Cheek indicated his acceptance of fencing the parking lots so that the tendency to use the alley will be avoided. Mrs. Irene Hennessy, 2703 West Marie, stated she feels a 6-foot fence should be installed along the east property line of the parking lot but objected to the suggestion of screening the fence with slats. The residential density in the greater neighborhood is increasing and she feels that if the fence is screened and she cannot see what's going on in the parking lot, it will tend to be used for all sorts of things. Indicated the parking lot proposal will help clean up that corner of the neighborhood and strongly supports the permit request. There being no further testimony, Chairman Squires declared the public hearing closed. Board members discussed at length the effect of lighting and traffic. Also discussed the need for landscape. In response to inquiry, Mr. Crutchfield noted that the landscape requirement presently in the zoning code does not apply to residential zones. After brief discussion of landscape options, Mr. Cheek suggested they install small shrubbery along the base of the fence that will be installed along the east property lines. Motion by Mrs. Lawson, second by Mrs. Tebay and carried that the Board find the proposed use of Lots 6, 7 and 8, Block 2, Sunny Acres Addition for off-street parking to be the only alternative reasonably available and, therefore, grant a special permit authorizing the use of said property for off-street parking provided: 1 ) The owner execute and records with the County Auditor a covenant or other satisfactory legal agreement binding the ownership and use c,f said property to the ownership and use of said property to the ownership and use of the Plumber's Union property; 2) The special permit include the following conditions: A) A char link fence at least 6-feet in height shall be'installed along the east and south lines of Lot 6 and along the north line of Lot 7, and along the north and east lines of Lot 8; B) Lighting of the parking lot shall be shielded to avoid the casting of light to the east and the south; C) Ingress/egress shall occur from adjacent streets; D) The lot shall be paved to avoid wind erosion; E) Landscape, consisting at least of small shrubbery, shall be installed and maintained along the base of the fence to be installed along the east lines of Lots 6 and 8. Page 3 Board of Adjustment Minutes March 18, 1981 NEW BUSINESS: ADMINISTRATIVE ACCEPTION: Side Yard (Barns, 81-08-BoA) Mr. Crutchfield explained the provision and PMC Section 22.16.090 regarding administrative exception from required yards. Board members discussed the existing structures and the distance between them. Concluded that it would indeed be best to fully provide the required 5-foot side yard for the existing house and reduce the side yard for the garage, and in anticipation that the garage will eventually be removed in favor of a new residential structures on the new lot. Motion by Mrs. Tebay, second by Mrs. Lawson and carried that the Board grant an administrative exception as authorized under PMC 22.16.090 to permit the division of Tract A of the Corrected Plat of the Replat of Cityview Addition provided the side yard for the existing house meet the 5-foot requirement and that the side yard for the existing garage be at least 4-feet. There being no further business, Chairman Squires adjourned the regular March meeting of the Board of Adjustment at 9:15 p.m. Respectfully submitted, Gary Crutchfield, Secretary Board of Adjustment BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: April 22, 1981 The regular April meeting of the Board of Adjustment was call,ed to order at 8:15 p.m. Mr. Crutchfield introduced Mr. Lane Merryman appointed by the City Council on April 20, 1981 to fill the unexpired t@rm of Darwin Murray who had moved outside the city limits. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Dave Squires, Chairman Shirley Zahn, Vice Chairman Sharon Lawson Chan Tebay Lane Merryman STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner APPROVAL OF MINUTES: There being no changes proposed, Chairman Squires declared the minutes of the March 18, 1981 meeting approved as prepared. OLD BUSINESS: A. RECONSIDERATION: Nonconforming Sign (Graham, 80-14=B6A) Mr. Crutchfield explained the history of Mr. Graham's special permit request which was denied by the Board at a previous meeting. Further explained that this matter was placed on the Board's agenda as a reconsideration of old business rather than require Mr. Graham to file a new application with fees. Mr. Graham explained that the lot on the' south side of Lewis Street (across from his restaurant/motel ) will be used for parking for restaurant customers and therefore request the permit to identify the parking lot for restaurant customers. Noted he presently leases parking on a nearby lot elsewhere but that the lease may expire; he owns the lot on the south side of Lewis Street where the sign is and does not have to deal with a lease to use that property for parking. Mr. Crutchfield explained that identification of the parking lot as restaurant parking is permissible under the sign code without a special permit; however, the Pepsi-Cola portion of the sign still represents off-premise advertising. Mr. Crutchfield read the definition of off-premise sign contained in the sign code. Considerable discussion ensued regarding the purpose of restricting off-premise signing as defined in the sign code. The Board, by consensus, affirmed their previous decision regarding the off- premise directional sign special permit and suggested Mr. Graham apply for a sign permit for an on-premise to identify the restaurant parking lot. Mr. Merryman obstained from participation in this matter. Page 2 Board of Adjustment Minutes Regular Meeting: April 22, 1981 PUBLIC HEARINGS: SPECIAL PERMIT: OFF-PREMISE DIRECTIONAL SIGN (81-13-BoA) Mr. Crutchfield explained the location and nature of the special permit request. Noted several factors brought to his attention by the applicant prior to the meeting. Mr. Dennis Sweeney, attorney representing Mr. Roper, submitted written statements in support of the need for the directional sign. Explained that approximately 75% of all "new" customers depend on the directional sign to identify the location of the motel . The business depneds upon off-premise directional signing and the special permit should be granted with no time limit; the time limit on th=_ sign is the same as the time limit on the business. Mr. Sweeney noted that the staff report suggests in Finding No. 4 that the cable bridge traffic going by the motel location on 10th Avenue is more important to the motel than the traffic on Lewis Street; explained the difference in the type of traffic on the two streets, concluding that the cable bridge traffic is "inter-city" traffic not looking for a motel , whereas the traffic on Lewis Street is there as result of the Lewis Street exit from the blue bridge on Highway 12 and typically contains a high proportion of travellers or newcomers to the community: Mr. Sweeney further noted the location of the off-premise sign at 10th and Lewis is not in the "C.B.D" as the central business district is commonly known and recognized; the sign in this location does not interfer with "downtown" business. Mr. Sweeney noted the suggestion in the staff report that an off-premise directional sign be located at 28th and Lewis is not a viable option because it is too far away from the motel to be of any real effect; the location at 10th and Lewis identifies the intersection at which traffic must turn in order to arrive at the motel .. Also noted the affidivate previously submitted to the Board from Mr. Diamond indicates that an off-premise directional sign to the Sage'N'Sun Motel has been in existance at this corner since about 1953; taking that sign down would have a significant affect on the identification of the motel and therefore significantly affect the amount of business done at the motel . Mr. Sweeney concluded the sign is essential to the conduct of the business; if the size, shape or color of the sign needs to be changed, the Board should so-so indicate and his client will do SO. Mr. Michael Roper, applicant, explained the history of traffic circulation relative to the Sage' N'Sun Motel noting that the only river crossing in the Pasco area in 1953 was the old inter-city bridge on 10th Avenue. With the construction of the by-pass highway around Pasco and the installation of the blue bridge out near 28th Avenue, the number of out of town travellers and newcomers to the community passing the motel on 10th Avenue was reduced significantly, in the only way to identify the motel to the new circulation pattern was to install an off-premise directional sign. Noted that a majority of his business is generated by travellers exiting Highway 12 (blue bridge) onto Lewis Street who then continue east on Lewis Street to the downtown area. Mr. Roper, in response to a Board question, explained that a certain portion of his business includes "commercial renters" (people reside at the motel on a weekly basis) , but reiterated that the vast majority of "new" customers would go elsewhere if the sign were not at 10th and Lewis. Page 3 Board of Adjustment Minutes Regular Meeting: April 22, 1981 Mr. Ardell Curtis,730 South Anderson, Kennewick, stated that he owns the ajacent lots at the southeast corner of 10th and Lewis and has owned them for about 7 years. He stated that during the several years he has owned the property, he has had two opportunities for significant development at the corner but both opportunities were lost because the retail users what would have located there felt the Sage 'N' Sun Motel at the corner would inhibit their identification. This has resulted in the absence of a half million dollar development. Mr. Curtis also noted that the original sign at this corner identified "wholesome bread" and didn ' t identify the Sage 'N' Sun Motel until some time in the last decade. Stated he has been under the distinct imprection since he bought the property that since this sign was a non-conforming off-premise sign that it would come down; if the special permit is granted, there is little hope for development on the corner. Mr. Dave Primus, Downtown Merchant, stated he came to the meeting to represent several downtown merchants regarding the need for sign code enforcement. However, he noted that no one want to put anyone out of business. State he sympathizes with the need for the off-premise directional signi.ng for the motel yet not inhibit proper development of the corner. Mr. Dennis Sweeney stated that no one would build a half million dQllar develop- ment at the southeast corner of 10th and Lewis. Mr. Ardell Curtis stated that it doesn't take much of a building to be worth a half million dollars these days but that it is certainly the kind of development that has been discussed on several occasions, only to die because of the existing sign. Mr. Roper indicated that he had never been contacted about selling the corner triangle to Mr. Curtis for development. There being no further public testimony, Chairman Squires closed the public hearing. Commissioners discussed "precedent" effect were the permitted to remain. In response to that question, Mr. Sweeney explained that the sign identifies an existing business; any new business would not meet that qualification and therefore the Board would not be abliged under this action. Board members discussed optional locations outside the restricted area. Board members generally concluded that a sign in the vicinity of 28th and Lewis would identify the motel to highway exiting on Lewis Street. Board members discussed Mr. Diamond affidavit submitted Mr. Sweeney. Noted there appears to be some conflict regarding testimony received this evening and the contents of Mr. Diamond's affidavit. Mr. Crutchfield suggested the Board identify specific findings based on all of the evidence and testimony received. After considerable delibration of factors and testimony, the Board identified the following findings: Page 4 Board of Adjustment Minutes Regular Meeting: April 22, 1981 1 ) The Sage'N'Sun Motel does appear to rely on off-premise directional signing; 2) The location of off-premise directional signal at 10th and Lewis is not the only location which will function for off-premise directional signing to the motel ; 3) The 1968 value of the sign (reference building permit) was $1800; 4) Mr. Roper (applicant) purchased the off-premise sign in corner triangle as part of the motel package in 1976; 5) It would appear that Mr. Roper may need additional sign to amortize the cost of the off-premise sign. Board members discussed the need for additional information in order to properly assest the amount of time needed to amortize the cost of the sign. Mr. Sweeney, in response to Board inquiry, stated that a copy of Mr. Roper's most recent tax information regarding the sign can be provided to the Board. The Board concluded that action on this application should not occur until the additional information is provided. Motion by Ms. Zahn, second by Ms. Teby and carried to table action on this matter until the May meeting. Mr. Crutchfield requested the Board to reschedule the May meeting as he will be unavailable the last week of May. Board agreed to reschedule the meeting to May 13. ANY OTHER BUSINESS: Mrs. Lawson asked the status of the mobile home that was denied at Chick Sales several months ago. Mr. Crutchfield indicated that Mr. Lee (the property owner) has refused to remove the mobile home and staff has issued a citation to municipal court; however, a court date has not yet been set. Thee being no further business, Chairman Squires adjourned the regular April meeting of the Board at 10:20 p.m. Resp c fully submitted, Gar C tchf'eld, Secretary Boa d of Adj stment BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: May 13, 1981 The regular May meeting of the Board of Adjustment was called to order at 8:00 p.m. by Chairman Squires who noted that the meeting had been rescheduled to avoid a conflict later in the month. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Dave Squires, Chairman Sharon Lawson (Ill ) Shirley Zahn, Vice Chairman Chan Tebay Lane Merryman STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner APPROVAL OF MINUTES: Mr. Crutchfield noted that the April 22 minutes, page 4, line #5 should be amended to state "additional time" rather "additional sign". There being no further changes, Chairman Squires declared the minutes of the April 22, 1981 meeting approved as amended. OLD BUSINESS: A. SPECIAL PERMIT: Off-Premise Directional Sign (81-13-BoA) Mr. Crutchfield noted the Board had concluded its public hearing on this matter at the April meeting and requested the applicant to provide certain information to be reviewed at this meeting to assist the Board at arriving at a decision regarding the special permit application to maintain an off-premise directional sign at 10th and Lewis. Mr. Crutchfield further explained the depreciation expense schedule submitted by the applicant as a 10 year, straight line depreciation schedule. Mr. Michael Roper, applicant, stated he has no further information to provide the Board but does want the Board to note that any denial of the permit request will result in harm to his business. Reminded the Board he owns the property where the sign is and the Board's action is an infringement on his right of property ownership. Chairman Squires asked why the staff recommended an amortization period begin October 1976. Mr. Cruchfield referred to the fact that Mr. Roper had purchased the property in September 1976 apparantly unaware of the sign code restrictions relating to the off-premise; therefore, it appeared reasonable to staff that the amortization period commence with the first day of the month following the month in which the property was pruchased by Mr. Roper. Mrs. Zahn stated she felt the sign should be allowed if Mr. Roper could dress up the corner with some landscaping. Mr. Roper noted no water was available on the property but did indicate he would attempt to beautify the corner if the sign was permitted to remain. Page 2 Board of Adjustment Minutes Regular Meeting: May 13, 1981 Chairman Squires reviewed allowed the findings discussed at the previous meeting. Board members also discussed the precedent effect of the application. Motion by Mrs. Zahn that the Board find as follows: 1 . The off-premise directional sign is necessary for the Sage 'N' Sun Motel ; 2. That the existing sign is not unattractive and the corner can be be improved with landscape; 3. Denial of the permit would result in an undue hardship to the applicant; 3. NOW THEREFORE, the Board grants the special permit for an off-premise directional sign at the southeast corner of 10th and Lewis provided the property on which the sign is located is landscaped. Motion died from lack of second. Motion by Mrs. Tebay and second by Mr. Merryman that the Board find as follows: 1 . The Sage 'N' Sun Motel does not depend on east bound Highway 12 traffic; 2. Ignorance of the sign code restrictions when purchasing the parcel of land is not a basis for special permit; 3. The maximum amortization period authorized in the sign code (6-1/2 years) should commence from the point in time at which Mr. Roper purchased the property; 4. NOW THEREFORE, the Board denies the special permit application (File No. 81-13-BoA) and orders the removal of the existing, non- conforming off-premise directional sign on the westerly portion of Lots 7, 8 and 9, Block 4, Pettit's Addition to Pasco not later than April 1 , 1983. Motion carried with Mrs. Zahn voting NO. NEW BUSINESS: A. SPECIAL PERMIT: Caretaker's Residence in C-3 Zone (81-23-BoA) Mr. Crutchfield explained the location and nature of tfie-Special Permit application. Noted due notice has been given and no written communication has been received regarding the hearing. Mr. Tom Kidwell , 4505 West Octave, stated the mobile home has been installed as the residence of an on-site caretaker for security purposes. Stated his business at the truck stop has experienced burglary and theft, and the caretaker has reduced that activity. Stated city sewer and water is available and the mobile home will be hooked up to the utilities. The trailer is 12 -feet by 60 feet and occupied by a single person. Page 3 Board of Adjustment Minutes Regular Meeting: May 13, 1981 In response to several questions by Board members, Mr. Kidwell explained the location of the various buildings and uses on the property. Board members and Mr. Kidwell discussed various alternative forms of security, such as fencing and lighting. Also discussed the location of the mobile home in relation to providing security. After considerable discussion, Mr. Kidwell and the Board concluded the caretaker provide security primarily for the overnight truckers who park on the south half of the lot. Mr. Roger Gray, 719 East Lake Drive, Kennewick, stated he represents the ownership of about 100 acres of land to the immediate south of Mr. Kidewll 's property. Read a letter from Mr. Robert Tippett, Tippett Land and Mortgage Company, objecting to the special permit application. Submitted the letter to the Board. Mr. Gray noted the location of the existing mobile home near the south-east corner of Mr. Kidwell 's property presents adverse effects to his property. Mr. Gray described the uses and restrictive covenants regarding the property south of the mobile home, suggesting that if the caretaker's residence is indeed necessary then it should be located to avoid adverse to neighoring property. Suggested if the mobile home is approved it should be relocated to the north and west to minimize fencing; if not, the south property line should be screened. Mr. Kidwell stated he intends -to skirt the mobile home but noted he does not want to move if from its present location because it would interfer with the use of the rest of his property. Mr. Crutchfield noted the mobile home would have to meet all other applicable codes including tie down and skirting requirements if the special permit is approved. Board members, Mr. Kidwell , and Mr. Gray discussed potential locations for the mobile home. Board briefly discussed the alternative of hiring a nighttime guard to patrol the lot as opposed to having a caretaker's residence on the property. Mr. Kidwell stated the cost is too high. Board members discussed the testimony and evidence received to arrive at findings. Motion by Mrs. Zahn and second by Mrs. Tebay that the Board find as follows: 1 . The caretaker's residence is necessary to provide security primarily for the overnight truckers; 2. The location of the caretaker's residence may be detrimental to adjacent properties; 3. The visual effect of the mobile home should be minimized through the inclusion of landscape and screening;' 4. Adequate lighting should be included to identify the residence and to enhance security; Page 4 Board of Adjustment Minutes Regular Meeting: May 13, 1981 5. NOW THEREFORE, the Board grants the special permit for caretaker's residence on the Kidwell property (File No. 81-23-BoA) subject to the following conditions: A. That the mobile home be relocated to a point approximately midway between the east and west property lines near the south property line; B. That a 6-foot site screening fence be installed along the south and east sides of the 1500 square foot mobile home space; C. The balance of the 1500 square foot mobile home space be landscaped in accordance with the definition of landscape contained in Title 22, PMC; D. An outdoor light be installed within the 1500 square foot mobile home space and at least equivalent to a 75-watt low pressure sodium lamp. Motion carried with Chairman Squires voting NO. OTHER BUSINESS: Chairman Squires stated he has served the Board for quite some time and has recently undertaken a teaching assignment at the Graduate Center which will consume a good deal of his time in the future. Therefore, he will submit his resignation from the Board effective July 1 ,1981 . Board members and staff expressed their appreciation for his chairmanship and contribution to the Board. Mr. Crutchfield informed the Board that the caretaker's residence that was requested by Mr. Harry Lee and denied by the Board in December 1980 has not been moved in accordance with the Board's order. Mr. Lee has been sited into municipal court and the matter will be heard by the municipal court judge on Monday, May 18, 1981 . There being no further business, Chairman Squires adjourned the regular May meeting at 10:00 p.m. Respe�tfu/ly submitted, Gary ; rU, q fi Id, Secretary Board of Adjustment BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: June 24, 1981" The regular June meeting of the Board of Adjustment was called to order at 8:00 p.m. by Chairman Squires. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Dave Squires, Chairman NONE Shirley Zahn, Vice Chairman Chan Tebay Lane Merryman Sharon Lawson STAFF MEMBER PRESENT: Gary Crutchfield , City Planner APPROVAL OF MINUTES: There being no substantive corrections offered, Chairman Squires declared the minutes of May 13, 1981 approved as prepared. Chairman Squires reminded the Board members of his resignation effective July 1 , 1981 after 13 years of service on the Board. Mr. Crutchfield introduced Mr. Paul Pallmer, recently appointed by the Council to fill Chairman Squires unexpired term effective July 1 , 1981 . PUBLIC HEARINGS: A. SPECIAL PERMIT: Parking Lot in R-1 Zone (81-29-BoA) Mr. Crutchfield explained the location and nature of the request for a special permit, read letter from Mr. Pete Overlie and petition signed by 39% of property owners within 300 feet objecting to the special permit request (documents in fiTe) . Chairman Squires declared the hearing open. Mr. Jim Robison, applicant, explained that the Department of Social and Health Services Welfare Office on the north side of the alley (and owned by Mr. Robison) has been a good location for that office activity and he anticipates a renewal of the lease and the probability of expanding the building to provide more space for the Department of Social and Health Services operation. In order to expand, the Pasco code would require more parking. Noted the present parking situation north of the alley is inadequate for Department of Social and Health Services needs, as evidenced by the use of the subject property. Mr. Robison indicated that if the Board allows the parcel to be used for parking, the parking lot will be developed properly although he does not intend to create park. Mr. Robison also indicated that limiting the parking activity to the first two lots adjacent to 7th Avenue might resolve the present inadequacy of parking for the Department of Social and Health Services but would not permit any expansion and would certainly place a restraint on the operation that he would prefer to avoid. Mr. Robison further noted he has attempted to purchase this property for 7 years and the use of it as parking is essential if the office building on the north side of the alley is ever to be expanded. Page 2 Board of Adjustment Minutes June 24, 1981 Board members asked questions regarding details of the existing office building and parking. Mr. Robison and Mr. Crutchfield explained the extended existing parking and land uses in the vicinity. Mr. Ray Eads, 831 West Marie, stated he spoke for the property owners who signed the petition in opposition previously noted by Mr. Crutchfield. The neighbors feel the permission to put in a parking lot is just a beginning of erosion of the neighborhood on the south side of the alley. If approved, the special permit will set a precedent for other parcels on the south side of the alley to become used for other than residential . Mr. Eads further stated that limiting the use of the property for parking to the first two lots would not achieve either goal , and that the neighborhood would still be left with three lots of dirt which would continue for parking. Stated the Board should consider the request as all five lots are nothing. Mr. Crutchfield explained the difference between special permit and rezone, pointing out the special permit does not change the zoning classification of a parcel but, rather, allows a single specific use of the property under certain conditions enumerated by the Board. On the other hand, a rezone permits the property owner to use the property for a range of uses spelled out in the code and the Board would have no review authority nor would the property owners be notified of what was going to be located on the parcel . In essence, neighoring property owners would have more input and more awareness of what the property would be used for if the zoning was left in tact (R-1 ). Mrs. Patty Osborne, corner of 7th and Marie, stated she does not object to a parking lot so much as she objects to the potential for commercial uses intruding into the residential area. The alley has been a distinct boundary for commercial activities and the property should certainly hot be rezoned. In response to Board questions, Mr. Crutchfield explained the difference between office zone and C-1 zone uses. Also explained the potential expansion of the office building on the north side of the alley in relation to the parking lot requested on the south side of the alley. Board members discussed findings relating to the request as follows: 1 ) There is clearly a need for additional parking for the existing office building; 2) The parking lot should be paved; 3) The parking should be illuminated; 4) There should be a separation between the parking lot and the residential use established immediately west of the parking lot; 5) The parking lot should conform to landscape requirements of other similar parking lots; 6) Engress/egress should be restricted to 7th Avenue to discourage the use of Brown Street; 7) Parking lot should be tied to the use of Lots 10-18 for offices only, to avoid the potential for late night commercial parking. Page 3 Board of Adjustment Minutes June 24, 1981 Motion by Mrs. Lawson, seconded by Mrs. Zahn and carried that based on the previously stated findings the Board grants the special permit to use all of Lots 1-5, Block 11 , Sylvester's Second Addition for off-street parking subject to the following conditions: 1 . That said Lots 1=5 are paved; 2. That said parking lot is illuminated in accordance with the Paco Municipal Code; 3. That ingress/egress for the parking lot be restricted to 7th Avenue only; 4. That a sidewalk be'installed along the periphery of the property in accordance with city standards; 5. That the north and west property lines be fenced to a heigh of at least 4 feet; 6. That site screening shrubbery be placed along the west property line to a height of at least 4 feet; 7. That shrubbery be installed along the south line (Brown Street) to a height of at least 1 foot; 8. That this permit shall expire and become null and void on October 1 , 1981 if the owner fails to apply and receive reclassification of Lots 10-18, Block 11 , Sylvester's Second Addition from C-1 to Office prior to said date. - Motion carried 'unanimously. OTHER BUSINESS: Mrs. Lawson questioned the previously pending action against Mr. Harry Lee regarding the unauthorized mobile home near 5th and Ainsworth. Mr. Crutchfield stated the attorney for Mr. Lee had gained another extension of the court date; the matter is again scheduled to be heard at 1 :30 p.m Monday, June 29 ih. Municipal Court. Mrs. Lawson wanted to know why the union hal parking lot approved by the Board two months ago has not been completed in accordance with the conditions set forth by the Board. Mr. Crutchfield stated that he had recently visited the site and noted the failure of the building inspectors to achieve compliance as yet; he will take steps to achieve full compliance by the next regular meeting or the matter will have to go to municipal court. Jgt ing no further business, Chairman Squires adjourned the regular June 30 p:m. submitted, eld, Secretary Board of Adjustment BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: July 22 , 1981 The regular July meeting of the Board of Adjustment was called to order at 8 : 00 p.m. by Acting Chairman Zahn. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Shirley Zahn, Acting Chariman Lane Merryman Chan Tebay Sharon Lawson Paul Pallmer STAFF MEMEBERS PRESENT: Gary Crutchfield, City Planner Max Bigby, Assistant City Planner APPROVAL OF MINUTES : There being no corrections offered, Acting Chairman Zahn declared the minutes of June 24 , 1981, approved as prepared. PUBLIC HEARINGS : A. SPECIAL PERMIT (81-34-BoA) Mr. Crutchfield explained the location and nature of the request for a special permit. Acting Chairman Zahn opened the public hearing. Mr. Bill Cameron, representing the applicant, discussed the benefits of additional off-street parking at the proposed locations, while reviewing a typical parking lot design, previously prepared and passed out to the board members. Mr. Glen Bledsoe, 507 N. 4th, owner of Hallmark Apartments, stated he supported the proposed parking lot. Mr. Glenn Houston, 418 W. Nixon, also spoke in favor of the proposal stating he encouraged its approval. There being no other citizens present to speak in favor of or oppose the proposal, and no written correspondence pertaining to the request, Acting Chairman Zahn closed the hearing. Board discussion followd. Mr. Pallmer stated concern about what would happen to residents of existing dwelling units on the proposed site. Mr. Crutchfield explained that the matter of eviction was between the property owners and the tenants/or hospital. Mr. Pallmer then questioned the reference to "viability" as it per- tained to the policies : Residence 2. 1, 2. 2, 2 . 4 and 2 . 5 of the City of Pasco Community Development Policy Plan. Mr. Crutchfield Page 2 Board of Adjustment Minutes July 22 , 1981 explained that the general viability of property for continued resi- dential uses rests in anumber of aspects including: condition of existing structures, intent of property owners to maintain existing structures, trends of changing land uses within the area, and proper circulation. Board members discussed the different aspects relating to the request as follows: 1) There is a need for additional parking to support the reduction of parking that will occur at the hospital during expansion of medical facilities; 2) That the parking should be illuminated to avoid loitering and other undesirable night use; 3) Access should be limited to Nixon Street, to prevent interruptions to arterial traffic flow along 4th; 4) That parking areas should be paved; 5) That separation should be provided from adjacent residential uses: Motion by Mrs. Tebay, seconded by Mrs. Lawson that the Board find as follows: 1) That the location and size of the proposed use, the nature and intensity of the operations involved, and the size of the site in relation to the proposed use and the location of the site in relation to the existing and future streets giving access to it, will be such that it will be in harmony with the orderly development of the district; 2) That operations in connection with the proposed special use will not be more objectionable to nearby properties by reason of noise, fumes, or vibrations, or flashing lights, then would be the operation of any permitted uses. NOW, THEREFORE, the Board of Adjustment grants the special use with special conditions, as follows: 1) That Lots 9-16 be paved and include adequate on-site drainage; 2) That vehicular access to parking lot be limited to only Nixon Street and no more than two separate driveways conforming to City of Pasco Standards; 3) That landscape be provided in accordance with PMC Chapter 22 . 82 requirements for the C-1 Zone; Page 3 Board of Adjustment Minutes July 22, 1981 4) That site obscuring fencing and/or dense shrubbery at least 4 feet in heights be provided along the east line of Lot 9 and along the south line of Lots 9-16; 5) That adequate lighting be provided in accordance with City of Pasco standards. Motion carried unanimonsly. B. SPECIAL PERMIT (81-35-BoA) Mr. Crutchfield explained the location and nature of the request for a special permit. Noted that required notice of hearing had been publish, mailed to all property owners within 300 feet, and that no written correspondence was received pertinent to the request. Acting Chairman Zahn declared the hearing open. Mr. Bill Cameron, hospital representative, explained the need for additional parking, stated that they had tried but could not purchase parking space from the commercial property adjacent to the east side of the property site, and that initial concern from Mrs. Sherry Payne, owner of the apartments on the west side of the site had been alleviated. Also discussed access to the alley and the need for emergency vehicle access to the hospital. Mr. Crane Bergdahl, attorney for the hospital, added that no construction would begin until next spring and that tennants at the existing home would be permitted to continue living there and given a 90 day notice of eviction. There being no further testimony for or against the request, the hearing was closed and Board members discussed the different aspects of the request as follows: 1) That the parking area should be paved; 2) Separation of parking from the alley was needed, but that emergency vehicle acess should be retained; 3) Visitors access should be encouraged along Sylvester rather than the alleyway at the rear of the property; 4) The parking area should be illuminated; 5) Landscaping should conform to that of similar parking lots; 6) There should be separation from the apartments on the west side of the proposed site. Motion by Mrs. Lawson, seconded by Mrs. Tebay that the Board find as follows: 1) That the location and size of the proposed use, the nature and intensity of the operations involved, and Page 4 Board of Adjustment Minutes July 22 , 1981 the size of the site in relation to the proposed use and the location of the site in relation to the existing and future streets giving access to it, will be such that it will be in harmony with the orderly development of the district; 2) That operations in connection with the proposed special use will not be more objectionable to nearby properties by reason of noise, fumes, or vibrations, or flashing lights, than would be the operation of any permitted uses. NOW, THEREFORE, the Board of Adjustment grants the special use with special conditions, as follows : 1) Thats lots 25, 26 , and 27 are paved and include adequate on-site drainage; 2) That the only vehicular access to the site be via a single driveway on Sylvester Street and conforming to City of Pasco standards; 3) That landscape requirements are provided in accordance with PMC Chapter 22 . 82 for the C-1 Zone; 4) That a site-obscuring fence and/or dense shrubbery at least 4 feet in height be provided along the west line of lot 25 ; 5) That curbing be provided along the rear lot line sufficient to provide a definite rear boundary to the parking area and avoid the potential for improper parking that may partially block the alleyway; 6) That adequate lighting be provided in accordance with City of Pasco standards. Motion carried; (Mr. Pallmer abstained) . C. SPECIAL PERMIT (81-30-BoA) Mr. Bigby explained the location and nature of the request for special permit. Mr. Crutchfield read a letter from the Department of Ecology concerning their interest in reviewing development plans. Further explained that he spoke with Mr. Larry Peterson of Department of Ecology, and that review by DOE would- be made a part of the building permit and not of the special permit request. Acting Chairman Zahn declared the hearing open. Mr. Bill Horn, Columbia Marine Lines representative, explained that the applicant seeks to update and improve existing storage facilities and that the facilities would better comply with current, Page 5 Board of Adjustment Minutes July 22 , 1981 more strict, environmental laws. Further provided board members with an area map depicting existing facilities. Mr. Pallmer asked about the kind of agrichemicals that would be stored. Mr. Horn replied pesticides, and that loading/unloading was permitted on site because they were not hazardous enough to require compliance with Federal laws requiring set distances, away from the site, for such handling operations. Mr. Bryce Hall, Port of Pasco, stated the Port leased land to Columbia Marine Line Terminal; that the Port own most all of the surrounding properties, and that this request was of the general industrial expansion and upgrading started some time ago. Mr. Pallmer inquired about the landscaping requirements, noting a portion of the staff report referenced landscaping. Mr. Crutchfield explained that portion of the report was an editing oversight and should have been deleted from the report, such that code landscaping requirements of two percent (2%) would still need to be met, but that the two percent (2%) could apply to the entire Port property and not necessarily to each individual site developed within the port. There being no further testimony for or against the request, the hearing was closed, and board members discussed aspects of the request as follows : 1. That the side should be paved. 2 . That the code landscape requirements shall be met. 3. That drainage facilities should be carefully designed to avoid chemical spills of an irrecoverable nature. Motion by Mrs. Tebay, seconded by Mrs. Zahn that the board find as follows : 1) That the location and size of the proposed use, the nature and intensity of the operations involved, and the size of the site in relation to the proposed use and the location of the side in relation to the existing and future streets giving access to it, will be such that it will be in harmony with the orderly development of the district; 2) That the location and height of proposed buildings and walls will not discourage the appropriate development of adjacent land and buildings or impair the value thereof; 3) That operations in connection with the proposed special use will not be more objectionable to nearby properties by reason of noise, fumes, or vibrations, or flashing lights, than would be the operation of any permitted uses. NOW, THEREFORE, the Board of Adjustment grants the special use with special conditions as follows: Page 6 Board of Adjustment Minutes July 22, 1981 1) That lots 9-14 be paved and include adequate on-site drainage facilities. 2) That separate drainage systems be provided within the area enclosed by the retaining wall such that "clean" storm water may $e returned to the ground water system and chemical liquids would be impounded within a closed system for subsequent recovery and/or proposed disposal, asmay. be required by the Department of Ecology before issuance of a building permit. OTHER BUSINESS Mr. Crutchfield explained the general current state of compliance with conditions of previous special permits and introduced the "compliance report" which will be made a regular feature of forthcoming staff reports to the Board. Mr. Crutchfield reminded the Board that Mr. Squire was no longer a Board Member and that Mrs. Zahn was now Acting Chariman until such time as she stepped down or new elections are held. Board requested staff to research minutes of the Board to determine when the last election took place and when the next election would be required. There being no further business, Acting Chairman Zahn adjourned the regular July meeting at 9 : 30 p.m. Respectfully submitted, Gary Crutchfield, Secretary Board of Adjustment BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: August 26, 1981 The regular August meeting of the Board of Adjustment was called to order at 8:05 p.m. by Acting Chairman Tebay. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Chan Tebay, Acting Chairman Shirley Zahn (phone in) Sharon Lawson Paul Pallmer Lane Merryman STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner Max Bigby, Assistant City Planner APPROVAL OF MINUTES: There being no corrections offered, Acting Chairman Tebay declared the minutes of July 22, 1981 , approved as prepared. PUBLIC HEARINGS: A. VARIANCE REARYARD SETBACK IN I-1 ZONE (File 81=41-BoA) Mr. Bigby explained the location and nature of the request and stated that public hearing notices had been mailed to all property owners within 300 foot and had been published in the papers as required by law. Further, that no correspondence had been received. Acting Chairman Tebay declared the public hearing open. Mr. Marvin D. Osborne, applicant, was present to speak for the request. Mr. Osborne stated that it was impossible to use the alley at the rear of his property because of existing garages built up to the alley line. He stated that he wanted to build a warehouse as an expansion to his existing building but would need a rearyard variance in order to allow the building to be built to within 15 feet of the rear property line. He stated further that because of the conditions that currently existed in the alley that his only means of — access to his property was by way of 13th Lane. Finally, that if the variance were approved, he would not need the alley for access as his trucks could simply back up further using the current access from 13th Cane. Mr. Crutchfield explained that normally the front yard would be interpreted to be on 13th Lane for those lots on block 7 that front 13th Lane. That in fact this was the case for Mr. Osborne's property but was not the case for the property both north and south of Mr. Osborne. Both properties north and south front on West A Street and on West Ainsworth. Therefore, these two properties are corner lots that have frontage on two streets rather than just one. Consequently, at some time in the past, those applicants were allowed to place their front yard fronting West A and Ainsworth and have their side yards along the alley. The code only requires a 10 foot side yard setback in the I-1 zone and that this setback applies to both corner lots while Mr. Osborne's property is sandwiched between two corner lots leaving him with a 25 foot setback for a rear yard requirement on the alley. Further, that since there are only three property owners in the entire half block, that Mr. Osborne' s property is the only one Page 2 Board of Adjustment Minutes August 26, 1981 that has to meet the 25 foot setback requirement on the alley. Therefore, it would seem that the current provisions of the Code deny Mr. Osborne the same reasonable use of his property as is granted surrounding property owners. Let the record show that no one else was present for or in opposition to the request and Acting Chairman Tebay declared the public hearing closed. Board members discussed the proposal . Mr. Pallmer suggested that a 10 foot setback would make for better consistency among existing building lines that exist along the alley way. Motion by Mr. Merryman, seconded by Mrs. Lawson and carried that the Board find as follows: 1 ) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated; 2) That special circumstances applicable to the subject property exist including size, shape, topography, location or surroundings and the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification; 3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. _ NOW, THEREFORE, the Board of Adjustment grants the variance with the condition that the rear yard setback for lots 15 and 16, Block 7, Riverside Addition, be not less than 10 feet. OLD BUSINESS A. INFORMATIONAL - DATE OF NEXT BOARD ELECTION Mr. Crutchfield explained that the date of next Board election would be covered in the upcoming review of the proposed Board of Adjustment bylaws. NEW BUSINESS A. REQUEST BY BILLIE MILES FOR NON-RESIDENT PERSON TO WORK IPJ HOME OCCUPATION Mr. Bigby explained that Mrs. Miles was issued a business license for a home occupation but that in order For a non-resident employee to work upon the premises, the applicant would need the permission of the Board of Adjustment as provided in PMC 22. 12.390 Home Occupation. Billie Miles applicant was present to explain her position on the request and to assure Board meAers that the business would be conducted pursuant to the regulations of the Home Occupation Code. Motion by Mr. Merryman, seconded by Mrs. Lawson, and carried that the applicant be allowed to employ a family member who does not live upon the premises. Page 3 Board of Adjustment Minutes August 26, 1981 B. UPDATE OF BOARD OF ADJUSTMENT BYLAWS Mr. Crutchfield explained that the proposed bylaws were similar to the bylaws of the Planning Commission and that this was done in order to maintain consistency. After a paragraph by paragraph review of the proposed bylaws, Board members suggested revision to certain portions of the text and directed staff to revise proposed bylaws in accordance with the changes they identified. OTHER BUSINESS A. COMPLIANCE REPORT Mr. Crutchfield explained the general current state of compliance with conditions of previous special permits authorized by the Board and reiterated that this would be made a regular feature of forthcoming staff reports. B. INFORMATIONAL - DUTIES OF BOARD RELATIVE TO SPECIAL PERMITS Mr. Crutchfield explained that such informational items relative to duties, procedure, or decisions of the Board would be furnished to the Board for future reference. Mr. Crutchfield then introduced to the Board a letter of resignation written by Mr. Merryman. Mr. Merryman noted that future job prospects may take him out of the Pasco area and therefore require his resignation from the Board. Board members expressed sorrow in seeing him leave and wished him well in his future job opportunity. There being no further business, Acting Chairman Tebay adjourned the regular August meeing at 9:45 p.m. Respectfully submitted, Gary Crutchfield, Secretary Board of Adjustment BOARD OF ADJUSTMENT MINUTES MINUTES OF SPECIAL MEETING: October 7, 1981 Chairman Zahn called the special meeting of the Board of Adjustment to order at 8:15 p.m. in the Administrative Assistant's office at City Hall. Purpose of this special meeting was to consider the staff request for determination of most analogous parking requirement, as provided under Chapter 22.84, for the proposed expansion of the Plumbers and Steamfitters Union Building. MEMBERS PRESENT Shirley Zahn, Chairman Sharon Lawson Chan Tebay Paul Pallmer STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner DETERMINATION OF PARKING REQUIREMENT (Plumbers and Steamfitters Union Building) Mr. Crutchfield explained the provisions of 22.84 (Parking Requirements) require the Board of Adjustment to determine which of the uses listed in Section 22.84. 010 is most analogous to the use for which a building permit has been requested (in this case, classrooms) . Board members discussed the scope of their decision responsibility. After considerable discussion, Mr. Crutchfield explained the only action which the Board can take in this matter is to determine which of the uses specifically listed in Section 22.84.010 is most analogous to the classrooms in order that staff and the - applicant can determine the required number of parking spaces. Mr. Pallmer moved that the Board find that the Plumbers and Steamfitters union building constitutes a mixed occupancy as provided in Section 22.84.030 and that the new classrooms are most analogous to the uses specified in section 22.84.010 (2) and shall be calculated at the rate of 1 parking space per 75 square feet of gross floor area. Discussion ensued amongst Board members as to the intent of the — motion. Motion died for lack of second. Motion by Mrs. Lawson, second by Mrs. Tebay and carried that the classrooms are most analogous to the uses listed in Section 22.84.010 (2) and shall be calculated at the rte of one space per 75 square feet of gross floor area. i There/being no further business, meeting adjourned at 8:50 p.m. Resp4ully submitted Gar V�ieldl Secretary Pasco it Adjustment i BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: October 28, 1981 The regular October meeting of the Board of Adjustment was called to order at 8:00 p.m. by Chairperson Zahn. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Shirley Zahn, Chairperson Chan Tebay Sharon Lawson Paul Pallmer Phil Hill STAFF MEMBERS PRESENT: Gary Crutchfield, City Planner and Max Bigby, Assistant City Planner APPROVAL OF MINUTES: There being no corrections offered, motion by Ms. Lawson, second by Mr. Mr. Pallmer and carried that the minutes of August 26 and October 7, 1981 be approved as prepared. OLD BUSINESS: (NONE) PUBLIC HEARINGS: A. VARIANCE: Lot Coverage in R-1 Zone (81-52-BoA) Mr. Bigby explained the location and nature of the request; Chairperson Zahn declared the public hearing open. Mr. Haven, applicant, explained he desires to construct a garage to house an antique car, a boat, and a motor home. Has already bought the lumber and was then informed he could not build it because it exceeded the lot coverage restriction. In order to house the boat and car and have enough room for storage of some tools, the garage he has planned is 26 x 28 (728 square feet) . There being no further testimony offered, Chairperson Zahn closed the public hearing. Mr. Crutchfield explained the application of the lot area restriction to Mr. Haven's lot, concluding that the 30% restriction is met if the garage is no more than 705 square feet in area. Mrs. Lawson noted the difference is only 23 square feet and felt it did not represent a problem to exceed the 307. Mr. Hill noted that by simply reducing one of the garage dimensions by one foot, the garage would meet the 30% restriction. Board members further discussed the criteria for the granting of a variance. Page 2 Board of Adjustment Minutes October 28, 1981 - Mr. Crutchfield explained the variance criteria and noted the subject property does not appear to have any special circumstance which warrants relief from the 30% restriction and that such a variance would be a grant of special privilege not enjoyed by other R-1 property owners. Motion by Mrs. Lawson and second by Mrs. Zahn that special circumstances relating to this property deprive the owner of rights enjoyed owners of other property in the same and vicinity, the granting of a variance would not be detrimental to the use and enjoyment of surrounding properties, and therefore the Board grants a twenty three.sq. ft. variance from the lot coverage restrictions in Section 22.28. 070. I-lotion carried with Mr. Hill voting NO. B. SPECIAL PERMIT: Pre-School in R-1 Zone (81-53-BoA) Mr. Bigby explained the location and nature of the application; Chairperson Zahn declared the public hearing open. Gary Gillman, Pastor of College View Baptist Church, explained they wish to operate a pre-school from the church basement. The Fire Marshall has already inspected the facility and all necessary modifications have been made. There being no further testimony offered, Chairperson Zahn closed the public hearing. Brief discussion ensued regarding the surrounding land uses. Applicant noted the school would operate for two hours each Tuesday and Thursday morning. Motion by Mr. Pallmer, second by Mrs. Lawson and carried that the Board finds the proposed pre-school would not be detrimental to the appropriate use and development of surrounding properties and therefore approves the special permit. NEW BUSINESS: A. TEMPORAY USE PERMIT: Campbell (81-55-BoA) Mr. Crutchfield explained the location and nature of the request and further explained the background of the present C-1 zoning with contractural use restrictions. Dr. Campbell explained that the recent building expansion is intended to house their son when he returns from medical school in a year and a- half; however, Mrs. Campbell presently operates a gift shop from their home which could easily occupy the vacant building they just completed until their son returns in a year and a half to occupy it as a professional office. Considerable discussion ensued regarding the history of zoning relating to this particular parcel , the conditions of the recent C-1 rezone, and the options available to Doctor Campbell . Noted the maximum period for a temporary use permit is six months. Further noted the only long term solution to Dr. Campbell 's request is to modify the conditions of the C-1 rezone (through application for rezone). Page 3 Board of Adjustment Minutes October 28, 1981 Motion by Mr. Hill , second by Mrs. Lawson and carried that the temporary use permit be granted to operate a gify shop at 817 North .l4th Avenue with the following conditions. 1 . That the property owner file complete application for rezone within ten calendar days from the date of this meeting; 2. That the temporary use permit shall expire upon the date that the City Council renders a decision on the rezone application required by condition no. 1 above. B. WAIVER OF VIOLATION: Rosencranz (81-56-BoA) Mr. Crutchfield explained the location and nature of the request and explained the provisions of Section 22. 16.070. Distributed memorandum from City Attorney dated October 27, 1981 regarding the use of said section. Mr. Rosencranz confirmed the explanation provided previously by Mr. Crutchfield. Noted that he has checked with an attorney and it appears he would be responsible for moving the trailer and then attempting to seek recovery from the contractors involved. Board members noted that the contractors involved should be pursued by the city for any violation apparent in this matter. With regard to the set back requirements, the Board concluded that the present location grossly violates the set back requirements and that the workers involved did not follow standard inspection procedures to avoid such a problem. Motion by Mr. Hill , second by Mrs. Lawson and carried that the Board concludes that the mobile home must be moved to comply with the set back requirements but that such compliance need not occur immediately; further, that the staff and property owner report to the Board at the regular May 1982 — meeting as to the legal aspects involved and that staff seek the assistance of the city attorney to pursue the contractors involved for any violation related to this matter. ANY OTHER BUSINESS: Mr. Crutchfield noted that the municipal court has still not rendered a decision regarding Mr. Graham's off-premise sign which was ordered by the Board to be removed in early T981 . Mr. Crutchfield noted staff has failed to redraft the by-laws reviewed at the August meeting. Staff will provide a second draft of the by-laws for review �the regular November meeting. Ther /being no further business, Chairperson Zahn declared the regular October meeting 4djourned at 9:50 p.m. Respe*,uthfliqld, ubmitted, Gary Secretary Pasco oard of Adjustment BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: November 18, 1981 The regular November meeting of the Board of Adjustment wascalled to order at 8:00 p.m. by Chairperson Zahn. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Shirley Zahn, Chairperson Sharon Lawson (she called in) Paul Pallmer Phil Hill Chan Tebay STAFF MEMBERS PRESENT: Max Bigby, Assistant City Planner APPROVAL OF MINUTES: There being no corrections offered, motion by Ms. Tebay, second by Mr. Hill and carried that the minutes of the October 28, 1981 meeting be approved as prepared. PUBLIC HEARINGS: A. SPECIAL PERMIT: Cocktail Lounge in a C-1-D Zone, (Master File #81-57-BoA) Mr. Bigby explained the location and nature of the request, Chairperson Zahn declared the public hearing open. Mr. Jack Houston, 603 Basswood, Richland, applicant, spoke in favor of the lounge, clarified the following points pertinent to the operation of the restaurant and lounge. The lounge area is designed to seat 35 persons. The dining room is designed to seat 171 persons. The restaurant hours of operation Monday through Friday would be approximately from 11 :00 a.m. to 10:00 p.m. On Saturday from 4:00 p.m. in the afternoon to 10:30 in the evening and Sunday from noon to 8:00 in the evening.- He vening:He further explained that the shopping center including K-Mart and Buttrey OSCO was designed for ample parking. There being no one else to speak for or against the proposal , Chairperson Zahn closed the public hearing. Board members briefly discussed the lounge in relation to the other uses in the shopping center. Motion by Mr. Hill , second by Mrs. Tebay that the nature and intensity of the operations involved, in relation to the existing and future streets giving access to it will be such that it will be in harmony with the orderly development of the district that the location will not discourage the appropriate development of adjacent land and buildings or impair the value thereof. The operations in connection with the proposed special use will not be more objectionable than would be the oepration of any permitted uses, and therefore, the Board approves the special permit. OLD BUSINESS: A. REVISED BY-LAWS Mr. Bigby discussed with the Board the changes proposed in the second draft of the by-laws and noted that a final draft including all the proposed changes will Page 2 Board of Adjustment Minutes Regular Meeting: November 18, 1981 be prepared and distributed to the Board for their consideration at the regular December meeting. NEW BUSINESS: NONE ANY OTHER BUSINESS: A. COMPLIANCE REPORT Mr. Bigby noted that the Campbell 's are now conducting their gift shop after receiving a temporary use permit -from the Board at the regular October meeting and that Doctor Campbell has complied with their request for an application for rezone. Noted that also Mr. Haven has not yet applied for a building permit to construct the garage for which the Board granted a variance to exceed the lot coverage restrictions. Mr. Rosencranz's attorney has contacted Mr. Crutchfield and the two will be getting together to look into the matter of the set-back violation pertinent to his mobile home. The matter of Mr. Graham's sign has still not been decided, it was again delayed by the judge to no certain date. The Steamfitters have been issued a building permit by the city relative to the conditions special permit issued by the Board in this matter at their August meeting. In other business Mr. Bigby noted that the regular December meeting would fall on the 23rd two days before Christmas and asked if Board members would be more agreeable if the meeting date was moved up one week to December 16th? Board members agreed this would better fit their schedules and confirmed December 16th as the regular meeting date for the December meeting. There being no further business, Chairperson Zahn declared the regular November meeting adjourned at 8:40 p.m. Respectfully submitted, Max Bigby, Secretary Pro Tem Pasco Board of Adjustment