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HomeMy WebLinkAboutBOA 1983.pdf January 14 , 1983 MEMORANDUM TO: Board of Adjustment FROM: Max Bigby, AssiS-04 'planner SUBJECT: CANCELLATION OF REGULAR MEETING Due to lack of business items for consideration, the regularly scheduled January 26 , 1983 meeting of the Board of Adjustment is concalled. MB .osw BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: February 23 1983 The regular February meeting of the Board of Adjustment was called to order at 8 : 02 by Chairperson Zahn. MEMBERS PRESENT MEMBERS ABSENT Shirley Zahn, Chairperson Phil Hill Chan Tebay, Vice Chairperson Sharon Lawson Paul Pallmer STAFF MEMBERS PRESENT: Max Bigby, Assistant City Planner APPROVAL OF MINUTES Motion by Ms . Lawson second by Ms . Tebay and carried that the minutes of November meeting be approved as prepared. OLD BUSINESS NONE PUBLIC HEARINGS A. VARIANCE: SIDE YARD REQUIREMENT WITHIN AN R-2 District (MF #82-02-BoA, Weige) Mr. Bigby explained the nature and location of the request noting that public notice had been published in the paper and mailed to surrounding property owners within 300 feet as required by law and that no written correspondence had been received on the matter. Mr. Bigby sketched the applicant' s situation on the blackboard and explained to Board members that present requirements pertaining to side yards within the R-2 district. He noted the size of the applicant ' s garage was 24 'x30 ' and that the applicant ' s request, reducing the required west side yard, would prevent the applicant' s garage from overhanging into the sliding gate driveway. Mr. Bigby also noted to Board members that by reducing the width of the proposed garage one foot the entire garage could be accommodated on the east side without need of a variance. Also noted the garage could be accommodated in the middle of the lot facing the rear property line without need of a variance, or that the fence gate could be moved to correct the overhancf problem also, the proposal would place a garage within 5-7 feet of a residence with a window facing the garage. Mr. Chris Weige, applicant, was present to speak for his request. Stated to the Board that he felt that the east side location Page 2 Board of Adjustment Minutes Regular Meeting: February 23, 1983 and central location in this lot were both wrong for him and did not intend to put it there. Stated that if he could not get a variance he would be forced to move the gate over at least five feet. Noted, in preference, he was willing to stay at least two feet away from the west property line to allow for maintenance behind his garage and that this would also keep drainage off the proposed garage roof from the neighbors property. Felt that even though the proposed size of the garage would extend three foot into his slid gate driveway, he felt this was better thhn if it extended five ^wo comply with the code. Mrs . Lawson asked if the two foot set back would be too close to the residential structure in the property adjacent the west property line. Mr. Bigby noted that it would be within 5-7 feet of the residence. Mr. Pallmer noted that he had an occasion to look into this very instance stated that he was told by contractors that moving a fence was not much of an expense. Also stated that perhaps with a garage the applicant should be thinking of relocating the existing gate anyway. Ms . Lawson stated that the five foot wide set back in the side yard would not encourage clutter. Mr. Pallmer noted that perhaps that would be the case but it would seem that a smaller space, two or three foot wide, would create even more clutter because it would allow less room for access and maintaining such space. With no other comments Chairperson Zahn declared the public hearing closed. Mr. Pallmer noted that it appeared that there were several ways the ordinance could be met in such a way that would satisfy all the applicants needs . Felt that in order to allow a variance in this instance would be to say that the rules are incorrect. Finally stated that he did not seey any factor warranting a variance. Ms . Tebay noted that she did not see any aspect of the situation unique to that property. Stated the she felt there were reasonable alternatives that the applicant could pursue and meet code without the need of a variance. Motion by Ms . Tebay second by Ms. Zahn that the Board deny the Weige request for a variance. Motion carried by a roll call vote of 3-1 . Page 3 Board of Adjustment Minutes Regular Meeting: February 23 , 1983 NEW BUSINESS A. ANNUAL ELECTION OF OFFICERS FOR 1983 Shirely Zahn was re-elected Chairperson of the Board of Adjustment for 1983 . Chan Tebay was re-elected Vice Chairperson for the Board for 1983 . ANY OTHER BUSINESS A. RESIGNATION OF BOARD MEMBER HILL Mr. Bigby read Board member Hill ' s letter of resignation to the Board. Mr. Bigby noted that Council had appointed him to the Planning Commission but that it would not be effective until February 24 . Asked the Board members to acknowldege Mr. Hill ' s resignation. The Board members did so. Mr. Bigby stated that there were no applications on file requesting placement on the Board of Adjustment and that the city would advertise in the paper for applications . With no other business coming before the Board, the February meeting was adjourned at 8 : 44 p.m. Respectfully submitted, Max Bigby, Secretary Board of Adjustment March 17, 1983 MEMORANDUM TO: Board of Adjustment FROM: Max Bigby, Assi06a ty Planner SUBJECT: Cancellation ofVuReqular March Meeting Due to lack of business items for an agenda, the regular March 23 meeting of the Board of Adjustment is cancelled. It looks as though there is a good chance there will be at least one item requiring a public hearing in April. BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: April 13 1983 The regular April meeting of the Board of Adjustment was called to order at 8 : 00 p.m. by Chairperson Shirley Zahn. MEMBERS PRESENT MEMBERS ABSENT Shirley Zahn, Chairperson NONE Chan Tebay, Vice Chairperson Sharon Lawson Paul Pallmer STAFF MEMBERS PRESENT: Max Bigby, Assistant City Planner APPROVAL OF MINUTES : Ms . Lawson noted that the word not should be deleted from the second page of the minutes in her statement that the five foot wide setback in the side yard would encourage clutter. Motion by Ms . Lawson second by Ms Zahn carried that the minutes of the February 23 , 1983 meeting be approved as amended. PUBLIC HEARINGS A. VARIANCE: Front Yard in -R-1 District (File #83-04-BoA, Hodge) Mr. Bigby noted to the Board that notice had been published in the paper and mailed to surrounding property owners within 300 feet as required by law and that no correspondence had been received on the matter. Mr. Bigby explained the land use and zoning pertaining to the property as well as the present yard regulations within the R-1 low density residential district. Noted that residentially zoned through lots is an oddity within Pasco and generally are not found elsewhere within the city. Because of additional front yard requirement the applicant could not use his property in the same manner that his neighbors presently enjoy. The applicant desires to construct a residential garage in accordance with the typical rear yard usage of residential lots within the block. Chairperson Zahn declared the public hearing open. Mr. Ralph Hodge, applicant, was present to speak for his request stated that Max had covered the matter pretty well and that he was seeking this variance because garages were already constructed within five feet of the rear property lines along Cartmell and he wasn ' t just simply betting on the count. With no one else present to speak for or against the request, Chairperson Zahn declared the public hearing closed. Motion by Ms Lawson second by Ms Zahn and carried that the Board grant the variance to the front yard requirement for property described as Lot 18 , Buck' s Second Addition with the following conditions : Board of Adjustment Minutes Regular Meeting: April 13, 1983 Page Two 1) No portion of the residential garage is closer then five feet to the property line abutting Cartmell Street; 2) All of their applicable regulations are adhered too; 3) This variance applies only to the residential garage and no other structures or construction . With no other business coming before the Board the meeting was adjourned at 8 : 13 p.m. Respectfully submitted, Max Bigby, Secretary Pasco Board of Adjustment May 9, 1983 MEMORANDUM TO: Board of Adjustment FROM: Max BOS igby, As4 Planner SUBJECT: CANCELLATION OFFREGULAR SCHEDULED MAY MEETING Due to lack of business items, the regularly scheduled May 25 , 1983 meetini of the Board is cancelled. MB:osw V3o A u ti E A t, T zv (,4KJL�LL Y3USt ►��ss ) BOARD OF ADJUSTMENT MINUTES REGULAR MEETING: July 28 , 1983 The regular July meeting of the Board of Adjustment was called to order at 8 : 00 by Chairperson Shirley Zahn. MEMBERS PRESENT MEMBERS ABSENT Shirley Zahn, Chairperson Chan Tebay (ill) Sharon Lawson Paul Pallmer Dennis De Felice STAFF MEMBERS PRESENT: Gary Crutchfield, Community Development Director APPROVAL OF MINUTES : Motion by Ms. Lawson, second by Ms . Zahn to approve the minutes of the April 13 meeting as prepared . Motion carried. PUBLIC HEARINGS : A. VARIANCE: Rear Yard in I-1 District (Gibson, File No. 83-11-BoA) Mr. Crutchfield noted the required notice of the hearing date and subject matter had been duly published in the Tri City Herald and had been mailed to surrounding property owners within 300 feet. No correspondence have been received. Mr. Crutchfield further explained the location of the property and the nature of the variance request. Chairperson Zahn declared the public hearing open. Mr. Dave Herkelrode, representing Mr. Gibson (applicant) , explained that he wislWto install the 50-foot by 100 -foot building on this property in the manner generally illustrated on the site plan. Because of the truck doors in the building, it needs to be set back at least 15 feet from Maitland, not allowing him to meet the 25 foot rear yard requirement. He noted the building is already owned and ready to be installed, pending the variance decision; if a variance is not granted, he will not be able to put the building on the property. Board members discussed the parking situation which would be created by the proposed development, concluding that parking on the property would be difficult at best because of the size of the building in relation to the size of the lot. Board members discussed at great length the purpose of the 25 foot rear yard requirement. The Board generally felt the yard requirements in the industrial zone should be reviewed for possible changes, since those regulations had not been amended for over 20 Board of Adjustment Minutes Regular Meeting: July 28, 1983 Page 2 years. Mr. Crutchfield noted that the Board could certainly recommend that the Planning Commission undertake that task; however, the Board' s frustration with the actual present requirement for set backs was not a basis for granting a variance from the regulations . Motion by Mr. De Fel ice and second by Ms. Lawson that the request for variance to the rear yard requirement in the I-1 zone for property described as Lots 1 , 2 and 3 , Block 8 Owen' s Addition, be denied. ROLL CALL: 1 Aye, 2 Nos MOTION FAILED. Board questioned the effect of failed motion. Mr. Crutchfield explained that to grant a variance, a majority of the Board members must vote in favor. Without such a motion, there is no action whatsoever; the result of no action is that a variance is not granted. There being no motion to grant the variance, the application remains unapproved and variance is, therefore, not granted. Motion by Mr. Pallmer and seconded by Ms. Lawson that the Board recommend the Planning Commission revise the I-1 yard requirements to provide a combined front-rear yard total with a 10 foot minimum applicable to the rear yard. Motion by Mr. De Feli/ce and seconded by Ms . Lawson to amend the motion to include the recommendation that a higher priority be placed on revising the zoning ordinance, including but not limited to setbacks. Both motions were briefly discussed and, in an effort to simplify voting, both motions and seconds were withdrawn. Motion by Mr. Pallmer and seconded by Mr. De Felice to recommend the Planning Commission place a higher priority on the revision of the zoning ordinance, including but not limited to the set back requirements, with the specific recommendation to consider a combined front-rear yard requirement of 25 feet, within minimum rear yard requirement of 10 feet, within the I-1 district. Motion carried. There being no other business, meeting adjourned at 9 : 15 Resp ct ully submitted, Gary u c Ified, Acting Secretary Pasco o dAdjustment