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HomeMy WebLinkAbout10/04/1988 I I I ,,- 0 ~ -~~"""'_h' om 51 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1988, Cont. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session at 9:08 PM to discuss a real estate transaction. The meeting was reconvened at 9:25 PM. RESOLUTION NO 88-66 A RESOLUTION AUTHORIZING FINANCIAL PARTICIPATION IN THE PURCHASE OF PROPERTY COMMONLY KNOWN AS CHINESE GARDENS IN PORT TOWNSEND, WASHINGTON. Councilmember Jones made a motion that the Council adopt Resolution NO 88-66 which was seconded by Councilmember Camfield and passed unanimously by voice vote. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:26 PM. Attest: 63=b ML c Mayor ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1988 The City Council of ~he City of Port Townsend met in regular session this fourth day of October, 1988, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield, John Clise, Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Councilmember Karen Chang was excused. Also present were City Attorney Keith Harper, Public Works Director Ted Stricklin, Clerk-Treasurer David Grove and Executive Administrative Assistant/ Planner Michael Hildt. PUBLI C COMMENTS Dan O'Connell was recognized and registered his comp~ãint about the Wooden Boat Festival charging an admission fee when they are supposed to be a non-profit organ- ization. He has written a l~tter to the City Attorney as well. Bob Pittinger was recognized and stated he wants to build a barn (In the property he owns across the street from his house but has been told that the zoning does not allow it. Mayor Shirley referred this request to the Legislative/Environmental Committee. Coila Sheard, President of Main Street, was recognized and reported that the Board is working very diligently and hopes to have a new Director in December. Judy Johnson was recognized and asked the difference between an ordinance and a resolution which was answered hy Mr Harper. Brice Howard was recognized and urged support of the Library funding. -~- 52 MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1988, Cont. PRIORITY ITEM Sue Sidle, Gael Stuart, Lars Watson and Beverly Lamb were all recognized individually and reported on the f~nds collected and pledged for the Library Renovation Project and urged support from the Council. The fund drive will be continuing through October 1989. RESOLUTION NO 88-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND PLEDGING FINANCIAL SUPPORT OF THE EXPANSION AND RENOVATION OF THE PORT TOWNSEND PUBLIC LIBRARY. After discussion, Councilmember Kenna made a motion that the Counci1 adopt Resolution No 88-67 which was seconded by Councilmember Camfield and passed unanimously by voice vote. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. Approval of the minutes of September 8 and 20, 1988, as written without reading. Approval of the following bills and claims: Current Expense Street Library Parks Arterial Street Hotel/Motel Transient Tax Emergency Medical Services Mainstreet Federal Shared Revenue' Water/Sewer Storm Drainage Equipment Rental Firemenls Pension and Relief Total $52,046.47 212.98 3,239.66 386.66 13,092.62 700.00 1,502.45 400.00 843.03 16,661.70 1,732.83 6,159.49 32.00 $97,009.89 Setting Hearings: Ordinance Amending Setback Requirements October 18, 1988 Communications: A letter dated September 21, 1988, from Andrew W Kramer, Supervisor, Land Acquisition, Washington State Parks and Recreation Commission to Mr and Mrs Charles Chebuhar, was copied for Council requesting an extension of the option on their property from Sept- ember 30, 1988, to October 10, 1988. This was referred to the Finance Committee. A letter dated September 23, 1988, to Community Investments, Ltd, from Jo Sohneronne, Permit Coordinator, Shorelands and Coastal Zone Management Program, Department of Ecol- ogy, was copied for Council and referred to the Legislative/Environmental Committee. A petition dated September 26, 1988, from Cadi Halliday and signed by seven other citi- zens requesting a sign be installed at Hendricks and 7th Streets was copied for Council and referred to the Street/Light/Storm Drainage Committee. This concludes the Consent Agenda. COMMITTEE REPORTS Legislative/Environmental. Councilmember Kenna set a Committee meeting for 7:00 PM on October 18, 1988, to discuss with Mr Pittinger the problem he is having with zoning for the building of a barn. -,-, I I I 53 MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1988, Cont. Finance. Councilmember Owsley reported that the Committee had met with Mr Stuart and was very encouraged by his report on the fundraising for the Library. ' Councilmember Owsley made a motion that an ordinanre be prepared to provide the funding for the Chamber of Commerce to print more of the Visitorls Guides which was seconded by Councilmember Camfield and passed unanimously by voice vote. I A Finance Committee meeting was set for 6:00 AM, October 21, 1988" to consider the 1989 Budget starting with Main Street. Parks/Property. Councilmember Camfield reported on the Committee meeting held with David Hero in which they went over his projected plans for the Old Ferry Dock and learned that he hopes to have it operational by early next summer. ORDINANCE NO 2131 AN ORDINANCE AMENDING ORDINANCE NO 2109 PERTAINING TO THE VACATION OF THAT PORTION OF VIRGINIA PLACE, FORMERLY KNOWN AS JEFFERSON PLACE, BETWEEN COOK AVE- NUE AND PEARY AVENUE; AND AN UNNAMED CIRCULAR STREET LYING WEST OF THE FOWLER PARK ADDITION PLAZA; AND THE WESTERN PORTION OF THE FOWLER PARK ADDITION PLAZA; FOR THE PURPOSE OF CORRECTING AN ERRONEOUS LEGAL DESCRIPTION; ESTABLISHING CONDITIONS TO THE STREET VACATION AND AN EFFECTIVE DATE. Mr Harper explained the ordinance. Mr Grove read the ordinance by title. Council- member Clise made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unan- imously by voice vote. Mr Grove again read the ordinance by titlE~. Councilmember Jones made a motion th&the Council adopt Ordinance No 2131 which was seconded by Councilmember Clise and passed unanimously by rollcall vote., I Water/Sewer. Councilmember McCulloch reported that the Committee had met and dec- ided not to take any further action on a snow-tell station until :he Comprehensive Water Plan has been updated. Councilmember McCulloch reported that the Committee has considered the requests of Phyllis Hart and Marlene Windon for 1 inch spaghetti lines for wa~er to their pro- perties and has decided not to make exceptions to the ordinance and deny both requests. PUBLIC HEARINGS Resolution Adopting Policies on Enforcement of Zoning and Buildin!3 Codes. Mayor Shirley opened the hearing which was continued from the lastmeeting. Patti Sullivan represent i ng a group call ed the "Turni'p Patch II was recongi zed and spoke of thei r concerns and presented an alternative Draft A of the resolution. John Buhler was recognized and asked for a response from Mr Harper about who is responsible for the enforcement of resolutions and ordinances for the citv. Mayor Shirley closed the hearing to the audience and turned to Council for disposition. 0 RESOLUTION NO 88-68 A RESOLUTION ADOPTING POLICIES FOR ENFORCEMENT OF THE BUILDING, CONSTRUCTION, ZONING, SUBDIVISION AND ENVIRONMENTAL PROTECTION REGULATIONS OF THE CITY OF PORT TOWNSEND. I Councilmember Owsley made a motion that the Council adopt Draft #3 of Resolution No 88-68 which was seconded by Councilmember Jones. After discussion, the motion passed unanimously by voice vote. Variance Application No 8806-03 -Logue. Mr Hildt reviewed the findings, conclus- ions and conditions of the Port Townsend Planning Commission which favored the var- iance. Mayor Shirley opened the hearing to the public. David and Christina Logue were recognized and spoke in favor of the variance saying they applied for the var- iance on advice from their architect for adequate usage of sp~ce; they are position- ing the house in a way that will allow view from a house to be built behind them and to allow more open space for play-yard and ease of access. Bob Harper was rec- ognized and spoke in favor of the variance and told of his plans to build behi~d 54 MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 198, Cont. the house. Kathy Von Awe was recognized and spoke against the variance saying view from her house will be narrowed by the Logue house plans and the ten feet more to be allowed by the variance is not necessary as there is 7,000 square feet of buildable space in the site and there is ample space for the normal setback. Marilyn Staples was recognized and spoke against the request saying the ten feet doesn't sound like much but is very important to the view and spaciousness of the area and she dóesn't feel that there is reason for a variance. Aaron Von Awe was recognized and spoke saying that the variance is not a necessity due to the size of the building site. Christina Logue was recognized and stated that there is only one corner of the garage that will be ten feet from Quincy Street, the house will be at an angle so ~hat the front of the house will be twenty-two feet from the property line and they plan to maintain the brush on the blufT. The fact that other homes in the neighborhood have a ten foot setback makes this a reasonable request. Bob Harper was recognized and stated that the Chairman of the Planning Commission pointed out that as the house slides along the face of the bluff it gets closer to the twenty feet and probably infringes on the property in back and the setback requirement there is nullified. It is their intention to replace the sidewalk along Quincy Street the same as along Franklin Street. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After discussion of setbacks and placement of the houses on the lots and the possibility of setting a precedent for building sites along the bluffs in Port Townsend and the rights of property owners who already have homes in the area, Councilmember Clise made a motion to deny Variance No 8806-03 on the grounds that it does not fulfill the requirements for a variance which was seconded by Councilmember McCulloch and passed with five Council- members voting in the affirmative and Councilmember Jones voted against. Councilmem- ber Clise made a motion to adopt the following findings and conclusions which was seconded by Councilmember McCulloch and passed with five Councilmembers votin9 in the affirmative and Councilmember Jones voting against. Findings: 1. The applicants propose to construct a single family dwelling at 418 Quincy Street. The site of the proposed residence consists of two lots located at the northeast corner of Quincy and Jefferson Streets. Approximately 30 percent of the site is a bluff sloping down toward Jefferson Street. The site overlooks Memorial Field, downtown Port Townsend, and Port Townsend Bay. The applicants. building plan proposes a ten foot setback from the front property line on Quincy Street, ten feet short of the twenty feet required by the Port Townsend Municipal Code (17.20). A variance is sought to permit a front setback of ten feet. The subject property is zoned R-II and is surrounded on three sides by residential development. Memorial Field is located to the southeast of the subject property at the bottom of the bluff. 2. 3. The applicants state that the architect who drafted the plans for the proposed residence recommended that the building be paralleï with the crest of the bluff to maintain a safe distance between the southeastern side of the building and the bluff. Since the crest of the bluff runs in a northeasterly direction along the southerly portions of Lots 5 'and 7, siting the proposed residence parallel with the bluff would have the effect of skewing the building toward the northwest side of Lot 7. Therefore, under the proposed plan the northwest corner of the residence would be 10 feet from Quincy Street, and approximately 160 square feet of the pro- posed building would be located within the required 20 foot setback. 4. The applicants' lot and surrounding lots have views of the water to the southeast. The appli~ants state that the location of the building as proposed would enhance the view corridor for a planned residence to be located northwest of the subject property on Lots 6 and 8 on the southeast corner of Franklin and Quincy Streets. While a 10 foot front setback for the entire residence could serve to increase view obstruction for some residences on the west side of Quincy Street, the app- licants' plot plan shows that only the northwest corner of the building would be 10 feet from Quincy Street, while the southwest corner would be approximately 22 feet. Therefore, it appears that view obstruction would be mitigated by the pro- posed orientation of the residence toward the southeast as shown on the plot plan. 5. The bluff upon which the proposed residence would be constructed is designated as as environmentally sensitive area in the Port Townsend Comprehensive Plan. Pur- suant to the Washington State Environmental Policy Act and Chapter 19.04 of the Port Townsend Municipal Code, the applicants submitted an Environmental Checklist for the proposed project. After review of the checklist, the City Council issued a Determination of Nonsignificance at the August 16, 1988, meeting. I I I I I I 55 MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1988, Cont. 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 the topography of the site constrains the portion of the site on which construction is possible, special conditions exist which do not result from actions of the applicant. However, the applicants' site consists of two lots, so that despite the constraints on the site imposed by the bluff there are still approximately 7,000 square feet available upon which development is possible. Therefore, a literal interpretation of the provisions of Title 17 would not deprive the property owners of the rights commonly enjoyed by other properties similarly situated in the same district. 3. The variance requested would confer a special privilege to the subject property that is denied other lands in the same district. 4. The granting of the variance would not be detrimental to the public welfare and and injurious to the property or improvements in the vicinity and zone in which the property is located. 5. 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 Pl!rpOSe and intent of Title 17 of the Port Townsend Municipal Code, the Port Townsend City Council hereby denies the above-referenced application. UNFINISHED BUSINESS ORDINANCE NO 2127 AN ORDINANCE RENAMING A PORTION OF THIRTY-SIXTH STREET AS UMATILLA AVENUE WITHIN THE CITY OF PORT TOWNSEND, AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove explained that this has been held pending contact by Mr Hildt with Mrs Verna Peterson. Mr Hildt affirmed that he had spoken to Mrs Peterson and they had agreed that changing the name of the street had no effect on the future property rights of abutting property owners. 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 Camfield and passed unanimously by voicl= vote. Mr Grove again read the ordinance by title. Councilmember Camfield made a motion to adopt Ordinance No 2127 which was seconded by Councilmember Jones and passed unanimously by roll call vote. ORDINANCE NO 2130 AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX LEVIES FOR THE YEAR OF 1989. Mr Grove explained that the figures passed at the last Councilmeeting were on a per thousand basis instead of the total dollar figure that the Jefferson County Assessor requires. Councilmember McCulloch made a motion that the first reading be cons- idered the second and the third be by title only which was seconded hy Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Jones made a motion to adopt Ordinance No 2130 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. RESOLUTION NO 88-59 A RESOLUTION ADOPTING THE PROJECT PRIORITIES OF THE PORT TOWNSEND CITY COUNCIL FOR 1989. Mr Hildt explained the resolution. After discussion, Councilmemb,=r .Jones made a motion to adopt Resolution No 88-69 which was seconded by Councilmember Owsley and passed unanimously by voice vote. 56 MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1988~ Cont. RESOLUTION NO 88-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN SUPPORT OF THE APPLICATION OF JEFFERSON COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ASSIST IN THE RENOVATION AND EXPAN- SION OF THE JEFFERSON COUNTY COMMUNITY CENTER. Councilmember Jones made a motion to adopt Resolution No 88-70 which was seconded by Councilmember Owsley and passed unanimously by voice vote. NEW BUSINESS Authorization to Disburse Funds to Escrow on Chebuhar Land Purhcase. Mayor Shirley explained that everything was done at the last meeting except the authorization for disbursement. Councilmember Kenna made a motion to disburse funds to be put into escrow for the purchase of the Chebuhar property which was seconded by Councilmember Jones and passed unànimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Jones started a discussion of the traffic problem at Sims Way and Sheridan and it was reported that the intersection at McPherson is worse. The reduction of the speed limit to 30 miles per hour should be posted soon according to the State Department of Transportation. The Councilmembers agreed that a blinking light would be appropriate for the intersections. Councilmember Clise voiced his concern about communications with the "Turnip Patch" people. He observed that what is wanted is for all enforcement to stop while ord- inances are being reworked which is contrary to the way city government works. Councilmember Camfield reported the County wants to trade property behind the Mount Baker Blòck/BackAllëy area-fõr'acpart of Jefferson Street in front of the Courthouse. The Jefferson Street vacation has been brought up before and was dropped because of opposition by property owners around the Courthouse. ' EXECUTIVE SESSION Mayor Shirley rece~sed the meeting into Executive Session at 10:08 PM to discuss property acquisition. The meeting was reconvened at 10:29 PM. RESOLUTION NO 88-71 A RESOLUTION OF THE CITY OF PORT TOWNSEND AUTHOR- IZING THE PURCHASE OF REAL PROPERTY LOCATED AT 1256 LAWRENCE STREET WITHIN THE CITY, AND AUTHORIZING ACCEPTANCE OF A COUNTER-OFFER TO PURCHASE SAID PROPERTY. Councilmember Camfield made a motion to adopt Resolution No 88-71 which was seconded by Councilmember Jones and passed unanimously by voice vote. Off-Street Parking for Buildings Existing Prior to August 3, 1971. After discussion of the off-street parking requirements that have been enforced and the difference between that and the ordinances, Councilmember Jones made a motion directing staff to work on alternatives which was seconded by Councilmember Clise and passed unan- imously by voice vote. ADJOURNEMNT There being no further business, Mayor Shirley declared the meeting adjourned at 10:38 PM. Attest: M~ Clerk-Treasurer G3=b. I I I