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HomeMy WebLinkAbout081188 Min Packet PORT crow S E #D. W1 S I ISI QTO N 91336' 19 ' II • - fort Planning- Co" m"m­ i n + t t. J 3 CITY OF PORT TOSED . I i. , MINUTES. of AUGUST 11, 1988 1. Opening.Business and Roll Call. Chairman Carman called the meeting- to order at 7.:41 P.M. Members er-s present were Ron K e , bore M Larne , and Lois-Sherwood. Chairman - rman'declared a quorum. Also present + ►g as City Planner a Michael ildt and Asst. Planner Kevin O Neill. 4 Mr. Kosec moved ed to approve-the minutes of Duly 281) 1988 a5 di5tributed. Mr.. M Lar ey seconded ars tt e motio .,passed 4-0. 11. Communications Mr. O'Neill Passed -oust a- letter from Mr. Harry Holloway reg r' l g the Rodgers conditional -use.application. + r 11 . old Business . Application No.-.8709-01 �+ Monte' Matthews Short Plat + Chairman Carman resented ' letter from Mr., X4atthe ,rs requesting postponement of the hearing based on pending,hegotiations with the City. Ms. Sherwood moved to continue the. h ring o{ IoVerrn er 107 1988. Mr. McLa' rney seconded and the motion 'pa55ed 4-0. t ♦ I I r ioatir - � :: �>*5a �re� I "' uener er w Short Plat , Mr. Daubenberger has requested a oonti dance of 'the ha rin on his shor plat to October 13,, 1988. Mr. i L r'ney moved to onti ue the hearing t this date., the motion was seconded'+f and _,passed - . Application No. 8807-05 Robert & Nagy Biffle + .Variance . i Mr. O'Neill presented the staff report. (attached) The applicant proposes to extend the existing front porch roof an additional to feet along the width of the house. A variance is required because trist nsion would extend the existing nonconforming front setback of 6 12 feet. Chairman Carman opened the public testimony portion of the hearing. Mary Riffle said the current roof had been over a former entry way. They wish to enlarge the roof so that it fits in with the house. It will not e any closer to the street. The public testimony portion of the meeting was closed. Committee Report: Mr. Kosec said the request seemed appropriate and he had no difficulty with it, Mr. McLarney said granting the variance appeared to be in harmony w1th the general purpose of Title 17 and recommended in favor. Mr. McLarney coed to recommend approval of Application No. 8807-05 for a variance, along with the findings of fact as corrected and conclusions as presented by staff. lir. Kosec seconded and the motion passed -o, d. Application No. 8807-01 Gerald Dodgers Conditional Use Application No. 8807-02 Variance Chairman Carman excused himself because of a conflict of interest. The commission recessed in order for other members to join and form a quorum, Mr. Taverna is and Mr. Hoglund ,joined the commission. Mr. O'Neill presented the staff reports, (attached) The City Attorney has determined that the applicable classification is that of a 11r ultifamily" dwelling.ellir g. This requires a conditional use permit in a -III zone. The variance is required as the applicant proposes off-street parking spaces with dimensions of 9 x 19 f eet or 171 square feet. The Municipal Code requires that off -street parking spaces have a► net area of not less than Zoo square feet. Nice-chairman Tavernais opened the hearing to public testimony, Thad Il ardall, project t architect, testified that the new conditional use request was necessary as the precious design had been flawed from the standpoint of the zoning code and f rom ars economic standpoint. The applicant has agreed to develop the Calhoun St. right-of-way for public access to the water. This would be the first waterfront condominium to be built near the downtown central business district. Harry Hallo ay, representing Mr. SchwIlke on whose behalf he submitted letter concerning the request, asked the commission to keep in mind that the conditional use was a special exception to the zoning ordinance.e. In the case of a conditional use, Section 1 . 4. dealing with standards which are to apply to the project, should be strictly adhered to. Mr. Sch ill e feels this project is not in harmony with adjacent rises, particularly that of Mr. Schwile's tire store. He felt the placing of a► notice in the plat would not initiate the problem. Mr. Schwilke could expect problems from the condominium owners in the future over the proximity of his store. Tim Haley,, representing Gerald Dodgers, testified that condominiums were appropriate uses in a commercial zone. Mr. O'Neill said apartments houses are a permitted use in a C-Ill zone, however a "multifamily" unit is a conditional use. Mr. Haler said that the zoning code specifically mentions multifamily as a possible conditional use in a CAIl zone, When areas are densely populated, multifamily uses are frequently found in commercial areas. This use is more compatible with the downtown and the waterfront than a tire shop. The use will not be injurious to the adjoining property. The tire shop seems less in harmony with the other uses in the area than the proposed use. Mr. Wardall said there was a conflict of interest in the development of Calhoun St, The tire stare currently uses the right-of-way for parking. Full development of the street would block off the bay doors of the tire store. As regards the variance, parking could be developed in accordance with the zoning code, however optimum parking results in the reduction o the size of the stalls. He asked that the commission specify the precise limits of paring for the Calhoun St. right-of-moray and the extent to which it should be developed. Karry Halloway said that the argument that if apartments are an allowable use then condominiums should be allowed is not valid. Apartments are transient, condominiums are not. Gerald Rodgers said that Mr. Schwile has encroached on the City right-of- way and on his property. The hearing was closed to public testimony. Committee Report: Nice-chairman Ta erna is said a public street was there to be utilized. Concerns voiced in previous public testimony involved light, obstruction of view, visual impact, noise and traffic. The bluff and waterfront are sensitive areas and he had a problem with this use in this particular location. He asked why the original design had not been followed through on and asked about various budgets. .� .. .. Mr. Wardall said the overall budget was approximately a million dollars, site impro ernents about $150.,000. The original design violated the code requiring more than one means of egress from the upper story. T1 project will be economically unfeasible if the square footage is reduced any more. Ms. Sherwood`s concern was for the "tunnel effect's that right be created, as well as access to Water St. and the additional traffic that would be created by the use. Mr.. o'Neill said a commercial use might produce more traffic than a condominium. The commission discussed the proposed development of Calhoun St. This was not a condition of the original conditional use -permit. Mr. Wardall said it was a condition of the shoreline permit. Calhoun St. would be the major ingress/egress point for the project. Mr. Hoglund thought that perhaps this type of development might create. less traffic than permitted uses. Chairman Tavernakis said the Fire Department had testified at the hearing for the previous application that the tunnel effect would make it impossible to access a fire from the rear of the building. Mr. Wardall said the project met all conditions of both the original conditional use permit and the shoreline permit with the exception of the parking area and building height. Mr. Hoglund moved to recommend approval of Application No. 8807-01 for conditional use and No. 8807-02 for a variance as in compliance with Title 17 of the Port To n end Municipal Code. The commission discussed deleting condition . The motion includes findings of fact, conclusions, and conditions a5 presented by staff. Mr. Losec seconded. Mr. Ta ernakis did not agree with conclusions #3 & , as he found the use Incompatible with the tire store. In order to recognize Mr. 'Taerraki ' concern about compatibility, Mr. Bildt suggested the noise could be acknowledged in the findings of fact. Mr. Tanakis did not feel this would satisfactorily address his concern. The motion passed 3-2 with Ms. Sherwood and Mr. Taernais opposed. IV. New Business a. Application No. 8808-01 Jaqueline Pallister Variance The hearing was scheduled for August 25, 1988. The committee will be Mr. Grimm and Mr. Kosec. . r 14 4 1r r 1_ • • b. Dtscusslon of process procedure for land use cases. Mr. Hildt said that following ordinances as written has been creating more variances and causing hardship for "minor" conditional use or variance cases that are fairly easy to rule on as meeting the public purposes of the zoning code. He suggested an a►dmini trati a procedure using a set of criteria to define "minor". Administrators would make recommendations directly o the City council who then could approve a proposal or refer it back to the Planning Commission. Chairman Carman suggested a hearings examiner. e was concerned that handling some cases administratively might lengthen rather than expedite the process. The commission discussed the advantages/disadvantages of Mr. ildt`s proposal. The commission discussed the procedure of having staff provide the commission with drafts giving arguments both for and against certain complicated proposals. Chairman Carman said the staff reports were a point of departure for the commission, which frequently charged findings fact., conclusions, or conditions as they saw fit, adopting these then as their own. The commission was in favor of continuing the practice,, in controversial cases, f having both sides of an issue presented by staff. V. Announcements The next scheduled business meeting will be August 25, 1988 when the commission will hear Application No. 8807-04 by William A burn for a rezone. VI. Adjournment The meeting adjourned at l : o P.M. Alice King 0!1 1 Ina I- PORT TOWNSENDo WASHINSTON913368 ., '.; rr " 7 f, �rxsr ti i Port Townsend PlannmCommiLssion ITY .x iVIND11409 OF FACT ANDCONCLUSIONS of THE P C Nom--- S S ION Date: August 11 , 1988 Re : Variance .pp 1 . 8807-05 , Robert and Mary y l l e After respectful consideration of the above-referenced appli- cation ppy.i- cation including on-site 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 : . indin s of Fact 1 . The applicants propose a 260 square foot addition to an existing 10 70 square foot dwelling at 1028 Cass Street. The applicants also propose to extend their existing front porch roof an additional to feet along the width of the house so that it extends to the northern side of the residence. The existing res i dence' has a legal , nonconfor ing front setback of six and orae--half feet. The 280 sq. ft. addition is proposed for the rear of the residence, and would conform to rear setback requirements . However, because the proposed roof e tens i oL would extend the existing nonconforming front setback of six and. one-half feet, a IQUALWICEe is 17ElV1Ui1:ed. 1) . The sub, ec t propert r is Zoned -111 and is. surrounded b residential uses to the south and east and Port Townsend Public School facilities to the north and west. The property is located on a 110 x 110 foot lot on the corner of Benton and Van Ness Streets . 3 . While the existing residence is currently nonconforming in regards to the front setback, the applicant riniaintains that no # residence on the block is in conformance with the setbacks required by the Port Townsend Municipal Code. The applicant also states that the proposed front porch extension will be no closer to the front property line that the existing ease. Conclusions 1 . The proposed variance would not amount, t ':a rezone nor constitute change in the district boundaries shown on the official .coning map. Planning comm, ss on� Page 2 . Because of the legal , nonconforming front setback of the e Isting dwelling, special circumstances exist which do not result from actions of the applicant. Because other properties adjacent to the subject property have lesser front setbacks than are required by the Port Townsend Municipal Code, literal interpretation of the provisions of 'title 11' (zoning) would deprive the applicants of the righ.,s commonly enjoyed b other properties similarly situated in the same district. . The variance requested would not confer special privilege t the subject property that i denied to other : .ands in the same district. . The granting of the variance would not be detrimental to the public welfare and injurious to the property or improvements in the vicinity and Zone in which the property is situated. . The reasons set forth in the above-referenced application justify the granting of the variance and the variance is the minimum it variance thaw will make possible the reasonable use of the land. . Because the granting of the variance would be in harmony with the general purpose and intent of Title zoning of the Port Townsend Municipal code, the PlanningCommission' recommends that the above-referenced variance be GRANTED. Respectfully submitted on behalf of the Port Townsend Planning Commission, �Ppilgi��gqi■ PPR Donald F. McLarney, chr. , Review committee PORT TO NSE D. WASHINGTON a 68 Port Tow send Pla=ingCo osion CITY OF PORT TOWNSEND _ F1#f)11qQ6 OF FACT .-AND oN IONS.,off THE PLANNING-.-C-OMMISSION Pate: August 11 , 19$8 Re : Conditional Use Appl . 8807-01 , Gerald Rodgers After respectful consideration of the above-referenced. appli- cation including on-site 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 Findings of Fact . The applicant proposes to construct a 3 story, 10 unit condominium located at 1805 Water Street. The subject property_ is located in the C-III zone. For purposes of the zoning code, condominium is classified as a .dwelling, other multi-family" use. This use is permitted as a conditional use in the -III one. 2 . The site encompasses Lots 1 , 2, 3 , and 4 of Block 17 , Hastings Flr-st Addition. The site is bounded by Water Street to the northwest, the Calhoun Street right-of-way and a fire store to the northeast, Port Townsend day to the southeast, and the 'ides Inn Hotel to the southwest. Because the site contains tidelands f Port, Townsend Bay, approximately 12 , 000 square feet of the sl to .is feasible for development. A bluff which slopes up to Washington Street is located on the north est side of Water Street across from the site. . The applicant has previously been granted several City of Por-'Z. Townsend permits for the proposed condominium project. In January, 1986 , the Port Townsend City Council granted to the applicant a ccnditiona1 use permit, a shoreline substantial development permit, and a preliminary subdivision application. In August, 1986 , a building permit. was issued to the applicant. However, farther analysis undertaken on the project by the applicant subsequent to the issuance of .the building permit showed that the pro, ect as originally designed was not feasible to develop. The appl..oan t has sought to revise the project but in the interim the building permit has expired. Because a valid building permit no longer exists , the original conditional use permit has also expired, necessitating a new application- Planning Commission Page 2 . The original project proposed a 12 unit, condominium building with 22 parking spaces to be provided on-Site and an additional 2 spaces to be leased from an adjacent property owner. The applicant is now proposing a o unit condominium building with 16 on-site parting spaces . Section 17 . 28 . 080 of the Port Townsend Municipal Code requires 1 . 5 spaces per dwelling unit be provided for a mult--i-f amily residential use. The applicant ' s proposal exceeds this require ent by I parking space. The applicant is proposing that the off- tree t pair ung spaces provided for the use have dimensions of x 1 feet, or 171 square feet. Section 17 . 28 . 010 of the Port Townsend end Municipal code requires that off-street parking spaces have a net- area etarea of not less that Zoo square feet. Therefore, a variance is required and is being sought b the apps-.cant. 8 . The al Jo n Street right-of-war d„acent to the Sipa IS* + u ` .'en .; open not developer. The app -,can t proposes to improve the right.,-of-way to city standards . The proposed improvements would include extending the seawall which is currently on-site across the fight-of-way, landscaped planters , concrete f a taiks , ground-oriented LIg ing, and a stal.rway Cat the western edge of the right-of-war to provide, public access to the beach. Teri on-Street parking spaces will also be developed as part of the Calhoun Street improvement. Ingr' ess and egress to and from the site will be provided by a ; o-- .a a driveway from Calhoun Street and a one-lane driveway from Water Street. . The project was originally designed to be built to a height of 29 feet above existing grade. This height limitation was L51aced as a condi tion to the shoreline perl t which was granted by City Council . The applicant is now proposing a building height of 31 feet, with an additional six feet -'allowed for an elevator equipment enclosure. The height limit in the c-I I zone is 50 feeot. A change in the building height from 29 to 31 feet will require revision to the original shores'ne permit by city Council . ,. 8 . The applicant has reconstructed the seawall adjacent to Fort Townsend Bay and constructed a sidewalk which runs along the top of the seawall . The applicant proposes to construct a new Sidewalk along the western boundary of al oun ' treet which will connect to the existing sidewalk, both of which will lead to a stairway to the beach. The applicant also proposes to provide landscaping between the existing sidewalk adjacent to Water Street and the parking area, as well as between the building and the seawall sidewalk and along the extension of the seawall in it the Calhoun treet right-of-way. 9. Fire Department. . . Note: Fire Department staff have been provided with the applicant' s concept plans and been asked for 1 F Planning Commission Page their comments and concerns . At this point no response has been received; if a response is received prior to the hearing, this will be incorporated n t o the draft. ) 10 . At 1-'L-.s meeting of July 19, 1988 the Ci-IL-7 Council amended its Mitigated Determination of Nonsignificance, which was originally issued on October 15 , 19810, to include the project revisions, ' of ter review of the environmental chackli t subm.* tted by the applicants pursuant to the Washington State Environmental Policy Act . Conclusions . The proposed multi-family dwelling use of the subject property will not endanger the public health or safety, nor will a nuisance be created. The proposed use will be required to meet all of the condi bions and s ecificatio sk set forth in the -III zone in which the property is located. . The proposed uses will not be injurious r detrimental t adjoining or abut t-Lng property. . The Port Townsend Comprehensive Plan states among its goals and policies that "a -broad range of housing types and densities should be available for Port Townsend residents" . The Plan also states that multi-family housing "should be located to minimize traffic generation and turning movements" and encourages "higher intensity residential use of upper level CBD :commercial structures" . Thus, there appears to be rationale in the Plan for both locating high density multi-family housing along arterial streets and for locating residential uses in the -I I zone. Therefore, the location and charas tee- 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 GRANTED AS CONDITIONED. on J anu-ary 7 , 1986, when the City Council granted the initial conditional use permit, the conditions were as follows 1 . A public use easement be granted along the seawall , sidewalk and the tideland area lying waterward of the seawall . 2 . The planting strip along water- Street be increased to minimum of 5 feet in width. Planning Commission Page . Protective covenants and condominium rules be established which prohibit the storage of boats, trailers , recreational vehicles and similar vehicles within the boundaries of the site. . That a qualified professional engineer, familiar with local conditions , shall certify the design and construction of the seawall . The seawall shall be designed to meet a loo year storm event. . The seawall shall be flanked at the Tire Store property and connected to the motel seawall . 6. The seawall shall be designed so as not to interfere with the movement of vehicles utilizing the waterward bay of the tire store. 7 . A qualified professional engineer shall certify the design and construction of the storm water drainage system. This system shall be designed to meet a 25 year storm event. . Parking along the western margin of Calhoun Street shall be limited to two hours during normal business hours . . All security lighting shat l be hooded to prevent glare to passing motorists or boaters . io . A public access sign shall be posted at the stairway on Calhoun Street. 11 . In consideration of the Fire Department concern for vegetation along the waterfront area being a hazard to proper lander placement in case of fire, all landscaping along the waterfront walkway area shall be dense covering; but limited to minimal height generation types of no more than 1 to 2 feet in height. 12 . The final subdivision condominium plat shad.l contain a "Notice to Potential Purchasers'' stating that the structure is adjoined by existing commercial use allowed in a -III zone, and that those uses and any other uses permitted within a -III zone may at some time be carried on. This notice shall be repeated in the protective covenants and condominium rules . 13 . The architect shall work closely with the fire and police chiefs to mitigate their concerns regarding public safety. 61 Planning Commission Page Since the seawall has already been reconstructed, the Planning Commission recommends deleting Condition 4 above. It is further recommended that the following conditions be added . The improvement of the Calhoun Street right-of-way shall be consistent with all Cit public roadway Standards . . A f.nal site plan showing ingress/egress, park-i , is d.scaping, and public access risio s shall by approved by city Council . A 'L i jai subd�- ision pl � for the project shall b submitted no later than January 7 , 1989 . . It iS. understood that the Uniform Building Code an"' UniformFire Code apply and u � e met r*lor t o occupancy. . If a building permit and/or occupancy permit is not obtained for subject property within one year fr m the date of the board' s decision, the conditional use permit shall -be cancelled and automatically become null and void . 070 , Port Townsend Municipal Code) . Respectfully submit-ted on behalf of the Port Townsend Planning Commission, Bob Grimm, Chr. , Review Committee P CRT TOW 1 S E N D WASHINGTON Port Tovmsend GoOWNSENO FIND1969 OF FACT AND CONCLISIONS of THE LANN NG CoMMS LON Date : August 11 , 1988 e : Variance Appl . 8807-02 , Gerald Rodgers After respectful consideration of the above-referenced appli- cation .including on-site 'inspection of the propetr, and after timely notification and hearing, the Port Townsend Planning Commission hereby submits o the City Council the following findings and conclusions iridin s of Fact . The applicant proposes to construct a 3 story, 10 unit condominium located at 1805 water Street. The site is bounded by Water Street to the northwest, the Calhoun Street right-of-way and a tiro stare to the northeast, Port Townsend Bay to the southeast, and the Tides Inn Hotel to the southwest. The applicant is proposing 16 off-street parking spaces for the project. The applicant is also proposing to improve the adjacent Calhoun Street right-of-way which is currently not conforming t city standards . Ten on-street parking spaces would be de�reloped as part of this improvement . . The applicant is proposing that the off-street parking spaces provided for the use have dimensions of 9 x 19 feet, or 171 square feet . Section 17 . 28 . 010 of the Port 'Townsend Municipal Ires that off-street paring :spaces have a net area of not less that Zoo square feet . Therefore, a variance is required. . Lngress and egress to and from the site will be provided by two-lane driveway from Calhoun Street and a one-lane driveway from Water s txee t. The applicant pr opo s es that the driveway f rom Calhoun Street and the aisle width between the off-street parking spaces be 25 feet wide. Section 1 7 . 2 . oo of the Port Townsend Municipal Cade requires that aisle widths for two way traffic with 90-degree angle parking stalls , as the applicant is proposing,t e 4 feet � _d� Strict in ormance e , _i the zoning code would require a total of 64 feet for t-+ o-sided, -degree parking; 20 feet for the stalls on each side, and 24 feet for the traffic aisle. The applicant ' s site plan indicates that 63 feet is available for the parking area width, thus necessitating the shorter- parking stall le ghs . I • Planning Commission Page 2. . The applicant i al tains that allowing 9 feet wide parking spaces as opposed to 10 feet wide will result in 1 additional space to be created. The applicant also states that the gross area requirement of 300 square feet will be maintained and that the variance is sought to achieve optimum use of the area available for parking. Conclusions . The proposed variance would not amount, to a rezone nor constitute change in the district boundaries shown on the official Co ging map. 2. Because of the constraints imposed on the site due t existing streets and the shoreline, special circumstances exist- which xistwhich do not result from actions of the applicant and which are peculiar to the subject'. property and not applicable to other axis in the district. . The variance requested would not confer a special privilege to the sub e t property_ that is denied to other lands in the same district . . The granting of the variance would not be detrimental to the public welfare and injurious to the property or im rove lnents in the vicinity and zone in which the property is situated. The variance would allow the most efficient use of the area available for off-street parking, and would allow at least 1 additional parking space to be created on-site, thus reducing the overall impact of the project. . The reasons set forth in the above-referenced application justifythe granting of the variance and the variance is the minimum variance that will make possible the reasonable use of the land. . Because the granting of the variance would be In harmony with the general purpose and intent of Title 1 (zoning) of the Fort Townsend Municipal Code, the Planning Commission recommends that the above-referenced variance be GRANTED. Respectfully submitted on behalf of the Fort Townsend Planning Commission, Bob Grimm, chr. , Review Committee ' Gu::st 1_ ist Do you wish to NAME (please print) ADDRESS present testimony? YES NO TY,U ter �at A,ev 10 LEs Ah4s#. g a t Reed 5 t � Q 3"e r . �(��17OZO `Cl . Lk �t�ISMtS+l �.1 '� ❑ \NA `lig CPO/ /HARy. E��2gpefN NIFrL& /36W-re,v s r PT El ❑ s�s cep Pr' El o a � 0 0 0 0 Eldw o El 0 o a