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
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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