HomeMy WebLinkAbout10/05/1992
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MINUTES OF THE SPECIAL SESSION OF SEPTEMBER 28, 1992, Cont.
ADJOURNMENT
There being no further business,
to adjourn which was seconded a
at 10:12 PM.
made a motion
by voice vote
Attest:
.
Mayor
M~
Clerk-Treasurer
MINUTES OF THE REGULAR SESSION OF OCTOBER 5, 1992
The City Council of the City of Port Townsend met in regular
session this Fifth day of October, 1992, at 7:00 PM in the Council
Chambers of City Hall, Mayor John M Clise presiding~
ROLL CALL
Councilmembers present at Roll Call were Jean Camfield, Vern Jones,
Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin.
Councilmember Julie McCulloch was excused. Also presenot were
Clerk-Treasurer David Grove, City Attorney Dennis McLerran,
Director of Planning and Building Michael Hildt and City Engineer
Randy Brackett.
INTRODUCTION
Mayor Clise introduced Lisa Enarson the new Planning Commission
Member.
PUBLIC COMMENTS
David Wren was recognized, stated that his corporation prior to
moving to Port Townsend seven years ago was called Ecological
Research Associates, Inc, and does not represent any group, then
stated that he is very dissatisfied with Draft #9 of the
Environmentally Sensitive Areas Ordinance. Mr Wren prE!sented
"Notice for Non Inclusion" forms for three real estate parcels, a
letter dated June 12, 1991, from Harold W Kerster, Professor,
Environmental Studies, California State University, Sacramento,
commenting on an Environmentally Sensitive Area ordinance and an
undated text from Michael D Atkins, PhD, Environmental scie!ntist,
stating that the entire area of the City of Port Townsend and even
the entire Quimper Peninsula should be designated as
environmentally sensitive.
Robert Gibson was recognized was recognized and spoke against the
Environmentally Sensitive Areas Ordinance. Mr Gibson prese!nted a
"Notice for Non Inclusion" form for his property.
Ruth Short was recognized, spoke against the Environmemtally
Sensitive Areas Ordinance and presented a "Notice for Non
Inclusion" form for seven real estate parcels of her property as
well as one form for Robert and Eleanor Such.
Eric Dobson, owner of Chula's Restaurant, was recognized and spoke
against the sign code stating that he no longer has any form of
off-premise advertising to let people know where he is 10ca1:ed and
that it has hurt his business as well as possible sale of his
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MINUTES OF THE REGULAR SESSION OF OCTOBER 5,1992, Cont.
business. Mr Dobson requested a temporary variance or some kind of
help while he works with the City for some type of directional off-
premise signage.
Bernie Arthur was recognized and spoke about the water system in
Hadlock and requested that the potent.ial for wells or additional
water supply in the area be investigated. Mr Arthur then requested
that Council think long and hard about the change in the Shoreline
Master Program to be presented.
CONSENT AGENDA
Councilmember Jones made a motion to approve the following items on
the Consent Agenda which was seconded by Councilmember Sokol and
passed unanimously by voice vote.
Approval of the Minutes for August 3, 1992, as written without
reading.
Approval of the following Bills and Claims:
Current Expense
street
Library
Park
Emergency Medical Services
Waste Water Treatment Plant Const
1992 City Dock Re-Construction
Water-Sewer
storm and Surface Water
Equipment Rental
Firemen's Pension and Relief
Total
$ 70,048.45
5,741.11
193.14
1,571.01
2,049.13
70,529.14
125.47
70,529.14
1,084.74
7,700.19
1.196.90
$160,344.92
Adoption of Resolution:
RESOLUTION NO 92-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORT TOWNSEND FIXING THE TIME FOR HEARING
ON A PETITION FOR VACATION OF A STREET AND
THREE ALLEYS.
Revised Street Vacation 9101-08 Marson/Wilburn on November 2,1992
Approval of Appointments:
Pete Raab, Ann Landis, John Edwards, Cindy Collins, Jonathon
Tudan and Joan Deering to the Haller Fountain Committee.
Communications:
A memorandum dated September 9, 1992, from Stan Finkelstein,
Association of Washington Cities Executi ve Director, wi th an
attached brochure outlining the Washington Health Care Commission's
draft recommendations for reforming the state's health system was
copied for Council and referred to the Community Services
Committee.
A letter dated September 11, 1992, from Leonel Teller Sanchez,
Director of Economic Cooperation, Embajada de Nicaragua, enclosing
a list of needs for victims of a Tsunami on September 1, 1992, was
copied for Council and referred to the Community Services
Committee.
A letter dated September 18,1992, from Mary M Thompson, Washington
State Historic Preservation Officer, was copied for Council
reporting that the Washington State Advisory Council on Historic
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MINUTES OF THE REGULAR SESSION OF OCTOBER 5,1992, Cont.
Preservation reviewed the Trenholm House nomination
Washington State Register of Historic Places and
recommending the property be listed at this time.
t,o
is
the
not
A letter dated September 18, 1992, from Norman Van Brunt, Real
Estate Project Coordinator, Washington State Division of Property
Development, regarding a five-acre tract of land in Port Townsend
which is surplus to state needs was copied for Council and re~ferred
to the Parks/Property Committee.
A memorandum dated September 21, 1992, from Bob Wheeler, Public
Works Director, to the Jefferson County Board of Commissioners,
requesting consideration of proposed amendments to the Draft
County-Wide Planning Policies document was copied for Council.
A letter dated September 21, 1992, from C Russell Hoover, Jr,
suggesting changes in the Environmentally Sensitive Areas Ordinance
was copied for Council.
A letter dated September 22, 1992, from David Hayasaka, Programs
Manager, Washington cities Insurance Authority, enclosing the
preliminary assessment for Port Townsend for 1993 was copied for
Council.
A letter dated September 23,1992, from Robert Spafford suggesting
a change in the qualifications for disabled utility rabes was
copied for Council and referred to the community Se!rvices
Committee.
A letter from Greg Michel, President, Municipal Analysis Services,
Inc, enclosing a brochure describing a study of Washington
governments in "Governments of Washington 1992" was copied for
Council on September 25, 1992.
A letter dated September 25,1992, from Jim Boaz commenting on the
Fred Kimball variance request was copied for Council and re!ferred
to the Public Hearing.
A letter dated September 26, 1992, from Calmar McCune sugçresting
that the concrete floor on Union Wharf be cut up and dropped under
the dock was copied for Council.
A letter dated September 30, 1992, from Mayor Clise 1:0 the
Association of Washington cities including his article for
submission in the next AWC newsletter was copied for Council.
A letter from Lyn Kindred commenting on the Fred Kimball vëlriance
request was copied for Council on October 1, 1992, and referred to
the Public Hearing.
This concludes the Consent Agenda.
PUBLIC HEARINGS
Variance AQplication No 9207-05 -Kimball. Mr Hildt reviewed the
findings, conclusions and conditions of the Planning commission
recommending approval of the variance. Mayor Clise opened the
hearing to the Public. Fred Kimball was recognized and spoke in
favor of the variance explaining the setbacks. There being no
further testimony, Mayor Clise closed the hearing to the Public and
turned to Council for disposition. After discussion, Councilmember
Sokol made a motion that the Council adopt the following findings
and conclusions and approve Variance Application No 9207-0:i which
was seconded by Councilmember Wolpin and passed unanimously by
voice vote.
Findings:
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5.
MINUTES OF THE REGULAR SESSION OF' OCTOBER 5, 1992, Cont.
1.
The applicant proposes to build a single-family residence with
a 5-foot side setback and a 10--foot side setback on a lot
located in the P-I zoning district. The Port Townsend
Municipal Code (PTMC) requires 10-foot setbacks on each side
in the P-I zoning district.
The lot is legally described as Lot 6, of Block 42, in the
California Addition to the City of Port Townsend. The lot is
bordered to the south by 57th street and undeveloped P-I zoned
lots immediately to the east and west. The surrounding
neighborhood is developed with single-family residences with
the exception of the block to the north, also zoned P-I, which
is the site of a county park. The surrounding blocks to the
west, east and south, which are all zoned R-I, are developed
with residences.
2.
3.
Although it is difficult to accurately establish the location
of the lot lines for the remainder of the block, the existing
residences appear to have been built to the 10-foot setback
requirement of the P-I zoning district. The surrounding
neighborhood is developed to the R-I zoning requirements.
Conclusions:
1.
The proposed variance would not amount to a rezone nor
constitute change in the district boundaries shown on the
official zoning map.
2.
Because of the more restrictive setbacks on a P-I lot and
because surrounding properties are all developed as
residential a literal interpretation of the provisions of the
Port Townsend Municipal Code would deprive the property owner
of the rights commonly enjoyed by other properties similarly
situated in the district under Title 17 (Zoning).
3.
with the condition prescribed below, and because other
residences in the surrounding properties within the R-I zone
are developed to the setbacks requested, and because the
subject block is developed exclusively as residential, the
'.variance would not, if granted, confer a special privilege to
the subject property that is denied to other lands in the same
district.
4.
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 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 19 (Zoning) of the
Port Townsend Municipal Code, and in consideration of the
Findings and Conclusions listed above, the City Council hereby
approves the above-references application as conditioned.
Conditions:
6.
1.
2.
If the subject lot is developed for any use other than
residential, this variance shall automatically become null and
void.
The height limit on the s~þject lot shall be 30 feet.
Variance Application No 9207-02 -Larson. Mr Hildt reviewed the
findings and conclusions of the Planning Commission recommending
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MINUTES OF THE REGULAR SESSION OF OCTOBER 5, 1992, Con1::.
approval of the variance. Mayor Clise opened the hearing to the
Public. Joyce Larson was recognized and spoke in favor of the
variance. There being no further testimony, Mayor Clise closed the
hearing to the Public and turned to Council for disposition. After
a brief discussion, Councilmember Camfield made a motion that the
Council adopt the following findings and conclusions and approve
Variance Application No 9207-02 which was seconded by Councilmember
Jones and passed unanimously by voice vote.
Findings:
1.
The applicant proposes to remove and reconstruct a sect:ion of
an existing residence located at 1011 VanNess Street in the R-
I zoning district within the City of Port Townsend. the area
to be removed has an existing side setback of approximately
2.5 feet from the side property line. The applicant proposes
to rebuild the addition with the same height and sE!tback.
section 17.20.010 of the Port Townsend Municipal Code (PTMC)
requires a minimum 5-foot side setback. Therefore, a variance
is required for the reconstruction.
2.
The subject site is described as Tax 13 of the Southeslst 1/4
of Section 2, township 30 North, Range 1 West. The residence
is accessed from abutting VanNess street, and the sit.e also
borders on "F" and Tyler streets.
3.
The subject site has an area of approximately 6,000 square
feet. Existing development on the lot has taken place on the
western portion of the lot away from "F" Street. A storage
shed is also located on the subject site approximately 12 feet
from the subject addition.
4.
The applicant estimates that the house was built in the 1930s
and the subject addition was built in the late 1960s. The
addi tion is approximately 35 feet in length. The proposed new
addition would be 27.5 feet in length.
5.
The surrounding neighborhood is developed as single--family
residential. Many of the houses and outbuildings in the
immediate vicinity appear to be legal, nonconforming with
respect to the setbacks currently required in the PTMC. A
storage shed is located on the lot immediately to the \iest of
the subject site, approximately 11 feet from the subject
addition.
6.
The applicant states in her application that the existing
addition does not meet the requirements of the Uniform
Building Code while the proposed building will, and t:he new
addition will not increase the degree or extent of any
existing non-conformities.
Conclusions:
1.
The proposed variance would not amount to a rezone nor
constitute change in the district boundaries shown on the
official zoning map.
2.
Because of similarly situated residences and outbuildings in
the neighborhood a literal interpretation of the provisions of
the Port Townsend Municipal Code would deprive the property
owner of the rights commonly enjoyed by other. properties
similarly situated in the district under Title 17 (Zoning).
3.
Many outbuildings in the surrounding area have nonconforming
setbacks. Therefore, the variance would not, if granted,
confer a special privilege to the subject property 1:hat is
denied to other lands in the same district.
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MINUTES OF THE REGULAR SESSION OF OCTOBER 5, 1992, Cont.
4.
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.
5.
The reasons set forth in the above-referenced application
justify the granting of the variance, and the variance is the
minimum variance that will make possible the reasonable use of
the land.
6.
In consideration of the Findings and Conclusions listed above,
and after timely notification and hearing, the City Council
approves the above referenced application.
Subdivision Ordinance. Mr Hildt and Mr McLerran explained the
ordinance. Mr Hildt noted that the Planning Commission conducted
a hearing on this ordinance on September 10,1992, and unanimously
recommended approval. Mayor Clise opened the hearing to the
Public. There being no testimony, Mayor Clise closed the hearing
to the Public and turned to the Council for disposition.
ORDINANCE NO 2317
AN ORDINANCE RELATING TO SUBDIVISION; DEFINING
SHORT SUBDIVISION; CLARIFYING THE APPLICABLE
STANDARDS FOR DESIGN, SIZE, SHAPE AND
ORIENTATION OF LOTS IN PROPOSED SHORT PLATS;
REMOVING THE EXEMPTION FOR FAMILY GIFTS;
ADDING A NEW SECTION AND AMENDING SECTIONS
18.08.190,18.38.021 AND 18.38.120 OF THE PORT
TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN
EFFECTIVE DATE.
After discussion, Mr Grove read the ordinance by title.
Councilmember Owsley made a motion that the first reading be
considered the second and the third be by title only which was
seconded by Councilmember Sokol and passed unanimously by voice
vote. Mr Grove again read the ordinance by title. Councilmember
Owsley made a motion that the Council adopt Ordinance No 2317 which
was seconded by Councilmember Sokol and passed unanimously by roll
call vote.
MAYOR'S REPORT
1993 Budqet. Mayor Clise reported that he is starting his first
run through the budget for next year and that it is only half a
million dollars off.
Information Drafts. Mayor Clise reported that he has passed out
two drafts of information for the public on utilities and on city
revenues and expenses and would like comments as soon as possible.
COMMITTEE REPORTS/STAFF REPORTS
state Environmental Policy Act Determination: Shoreline Master
Program Amendments. Councilmember Wolpin explained the documents
in the Council packets and a draft environmental impact statement.
After discussion, Councilmember Wolpin made a motion that the
Council make a Determination of Non-Significance for the Port
Townsend Urban Waterfront Special District of the Jefferson-Port
Townsend Shorel.ine Master Program adding the word "significant" on
page 3, item 3, which was seconded by Councilmember Camfield.
After a brief discussion, the motion passed unanimously by voice
vote.
Environmentally Sensitive Areas Ordinance. The public hearing for
the changes to the Environmentally Sensitive Areas Ordinance was
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MINUTES OF THE REGULAR SESSION OF OCTOBER 5, 1992, Coni:.
extended to October 19,1992. A discussion of the hearings on the
Environmentally Sensitive Areas Ordinance ensued.
communi ty Services. Councilmember Westerman reported that the
commercial recycling program is doing well and that residential
recycling problems are being resolved nicely.
Councilmember Westerman announced that Jefferson County is
sponsoring Household Hazardous Waste Days on October 23 and 24,
1992, at the Chimacum School District parking lot between the! hours
of 2:30 PM to 6:00 PM on the 23rd and 10:00 AM to 5:00 PM on the
24th.
Finance. Councilmember Owsley made a motion that the City pay the
Chamber of Commerce Destination Washington for 1993 advertising
and the costs to the Economic Development Council cost for the
startup of the Tourism Coordinating Council out of Hotel/Motel
Transient Tax Funds which was seconded by Councilmember Westerman
and passed unanimously by voice vote.
Ci ty Attorney. Mr McLerran reported that the Jefferson County
Commissioners have signed the Biosolids Composting Agreement with
the City today with some minor changes which he will be discussing
with the Mayor and Public Works Director. Mr McLerran con~ented
that the language regarding a possible charge for yard waste was
one of the deletions.
Publ ic Works. Mr Brackett announced that the City has re!cei ved
$1.19 million from the Department of Ecology for the Wast:ewater
Treatment Plant.
Mr Brackett reported that since the Port Townsend Paper Company was
shut down for maintenance last week, the average daily wat~er use
was reduced significantly which helps. It is hoped that with the
expected rains, Lord's Lake can start being filled at the end of
the month.
Mr Brackett announced that there will be a review of the Kearney
street Improvements at City Hall on October 6, 1992, at 4:00 PM.
Mr Brackett also reported that the Wetlands stormwater Advisory
Committee will be doing a drainage basin inventory throughout the
city this weekend.
Yard Waste Charge. Councilmember Westerman commented she would
support moving forward with the biosolids project wi1:h the
understanding that we already have contractual ability to recover
the hauling costs through Superior Refuse but does not think there
is a need to charge more. Mr Grove clarified that the contract
with Superior Refuse is clear as far as our obligation to pay them
for the pick up and transportation of yard waste but an ordinance
to charge the customer is a matter that has yet to be addrE~ssed.
Clerk-Treasurer. Mr Grove reported that the state Auditors are here
and the screen and tables in the downstairs lobby are for thleir use
and that the rest of his time is tied up with the 1993 Budqet.
COUNCILMEMBERS GENERAL DISCUSSION
Union Wharf. A brief discussion of the liability of the City in
regard to Union Wharf ensued. Mr McLerran stated that as long as
the signage is readable and properly placed, the City does not have
an extreme liability consideration there.
Sign Code. During a discussion of off-premise signs under 'the new
sign code including Mr Dobson, Mr Hildt clarified that it \~as the
1986 sign code that made off-premise signs illegal and that the
signs should have been removed at that time. The new code allows
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MINUTES OF THE REGULAR SESSION OF OCTOBER 5, 1992, Cont.
a greater sign area for the comple~ of,businesses in ,the building
where Chula's is located and a dlstrlct monument slgn could be
worked on.
Tourism Coordinating Council Members. A discussion of the make-up
of the Tourism Coordinating council membership ensued.
ADJOURNMENT
There being no further business, Coun'
motion to adjourn which was second by
passed unanimously at 9:11 PM.
ember Westerman made a
ou ilmember Jones and
Attest:
.
Mayor
J}dT~
MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992
The City Council of the City of Port Townsend met in regular
session this Nineteenth day of October, 1992, at 7:00 PM in the
Council Chambers of City Hall, Mayor John M Clise presiding.
ROLL CALL
Councilmembers present at Roll Call were Jean Camfield, Vern Jones,
Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and
Cindy Wolpin. Also present were Clerk-Treasurer David Grove, City
Attorney Dennis McLerran, Director of Planning and Building Michael
Hildt, City Planner Dave Robison, Assistant Planner Darlene
Bloomfield and Public Works Director Robert Wheeler.
INTRODUCTION
Public Works Director introduced Catherine McNabb, Public Works
Assistant.
PROCLAMATIONS
Mayor Clise recognized Safeway, Inc, for their outstanding example
of how business can significantly contribute to the community
through sensitive design and genuine commitment to community
values.
Mayor Clise proclaimed October 23
Hazardous Waste Collection Days.
and 24,
1992,
as Household
PUBLIC COMMENTS
Bernie Arthur was recognized and discussed the Shoreline Master
Program as it relates to Union Wharf and stated that there are
others in the community working to save the wharf. Mayor Clise
reported that his is also working through Congressman Norm Dicks
for potential sources of funding to prevent the wharf from being
torn down. A brief discussion of Union Wharf ensued during which
Mr McLerran clarified that the dock is clearly dangerous and
clearly signed.
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