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.
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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
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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.
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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
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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;
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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.
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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.
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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).
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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
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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