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HomeMy WebLinkAbout041488 Min Packet w Ap MINUTES of APRIL 14, 1988 I . OPENING BUSINESS AND ROLL CALIF Chairman Carman called the meeting to order at 7 . 35 p.m. Members present were Don Hogland, Don McLarney, Alan Carman and Ron Kosec. A quorum was declared by Chairman Carman. Also present were City Planner Michael Hildt and Assistant City Planner Kevin O'Neill . Michael i ldt informed the Chair that Clancy Slater would b arriving late. Don McLarney mdved the previous meeting' s minutes be approved as distributed. Mr. Hoglund seconded. The motion passed 4-0. 11 . COMMUNICATIONS Michael Hildt distributed the current mail for the councils review. The Planning Commission expenditure status was passed to the treasurer. Various planning officials books and reports were distributed to commission members for review. in III . OLD BUSINESS a. Application No. 8802-03, Wm. J. & Laura L. Medlicott Michael Hildt presented the staff report and went over the draft findings and draft conclusions copy is attached) . The applicant proposed to establish a four-bedroom bed and breakfast Inn in their a i5ting residence and carriage house at 611 Polk Street. The residence is generally surrounded by commercial development. No expansion of the exterior building is proposed. Six off-street parking spaces are required. One space is available at the adjoining carriage house and two additional spaces will be leased from adjacent land owners and the remaining three spaces will be made available through a joint-use parking agreement with Quimper Cred .t Union. Staff recommended the Conditional Use Permit be granted as conditiond. Discussion followed about a joint-use parking arrangement with uimper Credit Union. . Chairman Carman opened the public hearing. page 2 of 4 Mr. Medlicott said there would be no changes in the outside structure and with a ,point-use parking agreement with Quimper Credit Union the parking requirements should be met. Don McLarney asked Mr. Medlicott how he would get the guests out of the credit union parking lot by 9: 30 a.m. Mr. Medlicott answered that he would encourage guests to move their cars from the Credit Union parking lot by 9: 30 a.m. Chuck wallins questioned the parking requirements and whether or not the guests would comply. Chairman carman said condition four would help to keep guest in compliance with the parking requirements. This condition requires that applicants receive explanatory parking plan. Mrs. Wallins expressed her concerns for heavy traffic in the uptown neighborhood, the importance of historic preservation, and her concerns for people parking on the sidewalks in her neighborhood. Mr. Medlicott said that there would be less than 10% renovation at his residence and that it would be very difficult for his guests to park on sidewalks due to the beight 'i of the curbs. Chairman Carman closed the public hearing. COMMITTEE REPORT: Don Hoglund said his biggest concern was the parking situation but if that problem could be: resolved he had no problems with the application. Don McLarney expressed his appreciation for Mrs. Wallins concern over the preservation of historic sites. He al-so said that if the parking requirements set forth in the conditions were followed he would have no problem with this application. Discussion of parking in the credit union parking lot followed. Chairman Carman asked that the condition o clearly marked spaces in the credit union parking lot be'-added. He suggested signs saying bed & breakfast parking only after 6 p.m. Chairman carman said the draft findings of facts 1-3 were in order, the draft conclusions 1-6 were in conformance with the code and with the addition of the condition for clearly marked parking spaces he recommended a motion for approval of the application. page 3 of Dori Mc arney moved the approval of the conditional use permit and adoption of the draft findings and conclusions as amended. Don Hoglund seconded and a roll call vote was taken. 4-0 in favor of granting the permit. Nancy Slater joined the committee at this time. b. Application No. 8803-01, variance application for Frank Spicer Memorandum from Michael Hildt was distributed to the commission members concerning letters received from Rose Diamond, an adjacent property owner. Michael Hildt presented the staff report. Two drafts were submitted to the council Draft A in favor of denial of the application and Draft B in favor of approval . Staff reccommended denial of the application. chairman Carmaen stepped down at this time and left the hearing because of his past business relationship with ,Mr. Spicer. Ron Kosec took the char and opened the public hearing. Frank Spicer took the podium. He said that he had Just moved to Port Townsend from Seattle and was in a burry to move in. Dick Angel took the podium. Mr. Angel was the previous owner of Mr. Spy. e ' s land. He spoke in Rose Diamond' s s behalf saying that she didn' t feel she had dome anything wrong and didn' t feel she should suffer from her neighbors actions. Acting Chairman Kosec closed the public hearing. COMMITTEE REPORT: Nancy Slater recommended denial of the variance because of the impact on the neighbors. Don Hoglund was also apposed to the application and said he would reluctantly concur to deny the application. Don Mc am y said he would concur with the findings in draft A, the draft that recommends denial of the variance. Discussion followed over the existing, detached shed on the Spicer property that was not included on the plot plan. It was decided that this shed had no bearing on the case at hand. Nancy Slater recommended denial of the variance 8803-01 ,01 , and adoption of the draft findings of fact and conlus i ons, including the amendments suggested by Mr. Hildt. copy attached lip • page 4 of 4 A roll call vote was taken. 4-0 in favor of denial. Alan carmen returned to chair the meeting. c. Briefing of the Gateway Project: Michael Hildt distributed copies of the Gateway poster and handout. He listed the members on the Gateway steering committee and asked that the planning commission members attend the April 20 'down Hall Meeting at Fort orden. IV. NEW BUSINESS Applications for Foley, elise and Williams were distributed and committees and dates for public hearings set. . conditional. Use Application 8803- 2, John M. clise. Bon Hoglund and Nancy Slater were assigned to Committee with Mr. Hoglund as the chair. The application will go to public hearing on April 28. . Conditional Use Application 8803-03, John M. ciis . Jim T v rna►kis and Ron Kos c were assigned to committee. The application will return for public hearing on April 28. . street vacation Application 8804-01 , Barbara N. Williams Don McLarney and Bob Grimm were assigned to committee. A public hearing date was not set. Further information on the land she f proposes to vacate was requested. d. Short Blau application 8804-02, Mr. and Mrs . James Baubenberger. A May 12 public hearing date was set and Jing Tavernakis and Bob Grimm were assigned to committee. VI . ADJOURNMENT The meeting was adjourned by chairman Carmen at : 10 p.m. • ■r };POEN TOWNBEN09 WASHINGTON 9836E Port Townsend Planng Com ession ddw CITY OF PORT TO IRS ISI 8 E D FIHDTNGS nF fACT AND coNci.nSTONS !DF THR PLANNISG COMMISST Date: April 14, 1388 Re: Conditional. Use Appl. 880203, Wm, Laura L. Medlicott After respectful cons.iderati.on of the above referenced appli- cation including on-s,ite inspection of the property, and after timely notification and hearing, the Port Townsend Planning Commission hereby submits to the City Council the following findings and conclusions Findingo o ac . Applicants propose to establish a four-hedro m bed and breakfast in thein existing residence at Gil Polk Street. Although the Pont Townsend Municipal Code does not make spec . ic ' provisions for bed and breakfast Inns, a conditional use permit is required in lieu of specific requirements. The most appropriate uBe definition in the subject case appears to be "motor hotel" which is defined as " . _ a specialized hotel designed and operated to provide hotel services and accom- modations to the motoring public and where the sleeping accommodations normally do not exceed one week's duration. " ( 17.08.325 Port Townsend Municipal Code) . Although a "hotel" i defined elsewhere as containing five or more rooms, it is reasonable to interpret the definition of "motor- hotel■m separately inasmuch this used is separately defined in a separtate section -and appears to contemplate a use that is different from a "hotel" as defined in 17 . 08.240. A motor hotel is permitted as a conditional use in the P--III zoning district in which the subject property Is located. 2. The eubject subjectproperty is on the northwest corner of Polk and Clay Streets. Generally, commercial development surrounds the property: an orthodontist clinic to the north, a credit union across Polk Street to the east, a residence across Clay Street to the south,*, and aux auto body shop adjacent to the property to the gest , ;�. . Planning commission, 8802- 3 Page 2 . The proposed motor hotel (bed and breakfast inn) is to have four sleeping units, two of which are to be in the house and two to be established in the detached carriage house. Although, the carriage house is legal., non-conforming with respedt to setbacks, no expansion of the either building is proposed. The proposed four guest rooms require four off-street parking spaces in addition to the two spaces required for the personal residence (17,28. 080 PTc . One off-street paring space is available in the carriage house and two additional off-street spaces are proposed to be established on the site by leasing from the owners the existing paved area adjacent to the property on Polk Street. The applicants propose to provide the remaining three required spaces through a joint-use parking agreement with Quimper credit [inion across Polk Street. A letter dated March 18, 1988, has been submitted from the Quimper Credit Union, offering the use of three parking spaces between 6 Ply and 9:30 AN daily. The proposed inn is primarily a ..nighttime use" and the credit union is primarily a "daytime use.. in the meaning ot 17.28-060 PT C, Joint Use. Oonclusione 1. The city council has issued on April 5, 1988, a Determination of Nonsignificance after review of the Environmental. Checklist submitted by the applicants pursuant to the Washington State Environmental Policy Act. 2. The proposed motor hotel bed and breakfast use will continue the external appearance of the existing structures. 2. The proposed use of the subject property will not endanger the public health or safety, nor will a nuisance be created. 3. The proposed use will be required to meet all of the cndi- tions and specific tions set forth in the R-III zone in which the property is located except for those legal, nonconforming condi- tions which were in existence prior to the enactment of the Port Townsend zoning code in 1971. . The proposed use will not be injurious or detrimental. to adjoining or abutting property. . The location and character of the use will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. _ In consideration of the aforementioned findings and conclusions, the Planning Commission recommends that the- above- referenced application be GRANTEDAS CONDITIONED: Planning Commission, 8$02-0Page I. The Conditional. Use Permit is granted for renewable period of one year. 2. A properly executed lease agreement shall be concluded with the owners of the paved area adjacent to the north property line. Said lease shall be continued and be In effect whenever the property is to be used for motor hotel (bed and breakfast) use and shall be extended as necessary for each year in which the applicants wish to continue such use. A copy of the. then current lease shall be submitted to the City Council with each request for renewal of the Conditional Use Permit. The use of this area shall be reserved by the applicants for the exclusive vehicular parking use of either the applicants or thein guests and said lease shall so provide. . The applicants shall faithfully comply with the terms i and conditions rewired by the Quimper Credit Inion for a joint use parking agreement and shall present a properly drawn legal instrument to be recorded with the county auditor, executed 'by the parties concerned for joint use of off-street parking facilities and approved as to form and manner of execution by the city attorney; such instrument to be filed with the building inspector upon approval by the City Council. (17.28. 070 PTC 4. The applicants shall supply to each guest an explanatory parking plan which clearly indicates the location and hours of availability of each off-street paring space designated for use by guests of the motor hotel bed and breakfast inn . , . . Applicable regulations of the Port Townsend Fire Department and the Jefferson County Health Department sha►l1 be met. . Use of the property as a bed and breakfast inn is restricted to four west rooms. Respectfully submitted on behalf of the Port Townsend Planning Commission, Donald H. Hog land, Chr. , Review Committee PORT TOWNSEND9 WASHINGTON 98368 C Port Townsend Plannm* gCo 'scion ._ 4 CITY OF PORT TOWNBEND F Date: April 14, 1988 Variance Appl. 8803-8 , Frank Spicer After respectful consideration of the above-referenced appli- cation including on-site inspection of the property, and after timely notification and hearing, the Fort Townsend Planning commission hereby submits to the city council the following findings and conclusions Undings of Fact 1. The applicant has constructed a storage room addition 12' 12' to the existing attached garage of the single-family dwelling at 1830 Walnut Street. BecauBe construction commenced without application for a building permit, the side card setbacks required by the Font Townsend Municipal Code (17 . 20.010) were not checked and the structure was built to within two feet of the south property line. The variance 1B sought to make the addition legal after the fact so that it may remain as constructed. 2. The subect property is in the R-1 zoning district and has non-conforming front setback which is presumed to be legally established as - the house -was constructed-in the same year in which the Fort Townsend Zoning code was enacted. The rear rand setback is apparently thirty feet disregarding the twelve feet deep patio shown on the plot pian) . A small storage shed of approximately eight by fifteen feet which is not shown on the plot plan is located in the northeast corner of the property. Although the application is incomplete with respect to lot and building areas, the house and detached shed appear to cover approximately 2,094 square feet of the 7,500 square foot lot for a►ppro im tel 28% lot coverage. 3. The subject property is on the southeast corner of Walnut and "S" Streets and is generally surrounded by single-family development. hot 8, immediately adjacent the south is currently vacant; the lot the east is currently used for gardening and storage of an old school bus. . A letter from Mrs. Rose Diamond, dated April 14, 1988, was received April 4, 1988 and stated that she would like the building to adhere to the legal setback. She is the apparent owner of Lots 3 through 8 and the east one-half of lot 2, which Planning Commission, 8803-01 Page 2 includes the property adjacent to the subject property on the south, Conc]Lufligns, 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. 2. There are no special conditions, or circumstances of the subject property which do not result from actions of the applicant which are peculiar to the subject t property and which are not applicable to other lands in the diBtrict. 3. Although the applicant would suffer the expense of re-- constructing the addition if the variance requested is not granted, such expense is made necessary solely by the failure o the applicant to make application for a building permit, violating Title 18, Buildings, Port Townsend Municipal Code Accordingly, literal interpretation of the provisions of the Port Townsend Municipal code would not deprive the property owner o the nights commonly enjoyed by other properties similarly situated in the district under Title 1 (Zoning) . . The variance requested would, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. . The granting of the variance would be detrimental to the public welfare and injurious to the property orimprovements in the vicinity and zone in which the property is situated. . The reasons set forth in the above-referenced application do not justify the granting of the variance and the variance is not the minimum variance that will make possible the reasonable use of the land_ 6. Because the granting of the variance would not be in -harmony with the general purpose and intent of Title (zoning) of the Port Townsend Municipal Code, the Planning Commission recommends that the above-referenced variance be DE M Respectfully submitted on behalf of the Port Townsend Planning Commission, Nancy Slater, ehr. , Review Committee GL:;St It's)t Do you wish to NAME ipiease print) ADDRESS present testimony? VES NO t&o) t� v. 4,.111111. 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