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HomeMy WebLinkAbout06/02/1987 '-~~- -~-~t9 '-' _MINUTES OF THE REGULAR SESSION OF MAY 19, _1987, Cont. ORDINANCE NO. 2070 '-". ',- AN ORDINANCE SUSPENDING THE FEE CHARGED BY THE CITY FOR BICYCLE LICENSES FOR THE DAY OF JUNE 6, 1987. .1 Mr Grove explained a special promotion is planned to get more bicycles licensed and then read the ordinance by title. Councilmember Ison 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 unanimously be voice vote. Mr Grove again read the ordinance by title. Councilmember Hunt made a motion to adopt the ordinance which was seconded by Councilmember Ison and passed unanimously by roll call vote. . ORDINANCE NO. 2071 AN ORDINANCE AMENDING THE STORM WATER UTILITY SERVICE RATES FOR THE CITY OF PORT TOWNSEND, FOR ALL PROPERTY AND PROPERTY USES OTHER THAN SINGLE FAMILY RESIDENCES, AND AMENDING SECTIONS OF ORDINANCE NO. 2054 AND CHAPTER 13.20 OF THE PORT TOWNSEND MUNICIPAL CODE. Mr Grove explained this improvement to the ordinance and then read it by title. Councilmember Camfield made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Hunt and passed unanimously by voice vote. After discussion, it was decided to hold th is ord i nance unt il the next meet i ng . ADJOURNMENT I There being no further business, Mayor Shirley declared the meeting adjourned at 9:10 PM. 63:b~ Attest: ~~ City Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JUNE 2, 1987 The City Council of the City of Port Townsend met in regular session this 2nd day of June, 1987, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL I Councilmembers present at roll call were Jean Camfield, John elise, Janis Hunt, Glenn Ison, Vern Jones, Mike Kenna and Mary Norwood. Also present were City Attorney Keith Harper, Public Works Director Ted Stricklin, Clerk,.Treasurer David Grove and Executive Administrative Assistant/Planner Michael Hildt. MINUTES Councilmember Hunt made a motion to approve the minutes of May 19, 1987, as written andto',dispense with the reading of them which was seconded by Councilmember Jones and passed unanimously by voice vote. ,.' " --350 MINUTES OF THE REGULAR SESSION OF JUNE 2, 1987, Cont. -------- -------------------------------- --- ------------------- ------- - ------------ -, -------------------- I BILLS AND CLAIMS IThe following bills and claims were presented for payment: Current Expense $118,671.41 Street 1,323,01 Library 172.58 Park 224.07 Arterial Street 3,404.11 Capital Improvement 2,705.42 Kah Tai Lagoon Park 1,160.68 Water-Sewer 11,375.25 Equipment Rental 5,307.82 i Firemen's Pension and Relief 190.23 I - Emergency Medical Services 186.83 councilmember Hunt made a motion that the bills and c]ãims be paid from the prope ¡funds which was seconded by Councilmember Ison and passed unanimously by voice ¡vote. I COMMUNICATIONS i I I IA letter dated May 18, 1987, to Ted Stricklin and copied for council May 19, 1987, ¡from Service Activities Corporation regarding needed signage for serving tourist I land hospitality needs in Port Townsend was referred to the Legislative/Environmental I Committee. An Environmental Checklist for Waterbury Management, Inc, for the proposed devel- opment of a 40 unit motel plus a manager1s unit located at 2322 Washington Street ¡was :opied for the council. This was referred to the Legislative/Environmental ICommlttee. - , IAn envi~onmental- Checklist for the Planned Unit Development Application 587-03 of ,'; WilliamW Grace was received by the Council. Mayor Shirley referred this Ito the Legislati-ve)Environmental Committee. A letter to th~ Mayor, dated May 26, 1987, from Officer Pete Schoeneman of the ¡police department was copied for the council reporting on the traffic evaluation lof vehicles on the Landes Street Project. ¡ -' . IA ietter dated May 29, 1987, from Paul Boyer to the Mayor and Council was copied May 29, 1987, requesting that Council reconsider the ordinance affecting the way bicyclists and pedestrians use the street lanes on Sims Way between the Kah Tai ~agoon Park and Sheridan. Mayor Shirley referred this to the Street Committee. I !A letter to David and Joan Deering from Sidney C Johnson, Chairman of the Board of !Trustees for the First Presbyterian Church, dated May 18, 1987, was copied for ICouncil granting ~ lease of four parking spaces in the church parking lot. This !lett~r was.referr~dto during the last council meeting in the comments on the lenvironmental chetklist'for David and Joan Deering's conditional use permit to ¡operate a bed and breakfast inn. I - - iA memorandum to Interested Parties dated May 27, 1987, was copied for council fro~ ¡Dora Saylór, President Pet Protection League, regarding Bayshore Enterprises, Incl ¡memorandum dated May 12, 1987. Councilmember Clise and Michael Hildt reported I ¡that the animal control contract with Bayshore Enterprises, Inc, might be presented ¡to council by the next meeting. i. I ì PUBLIC COMMENTS Charles Wallin was recognized and presented a letter to the council which he read aloud with copies of his letters to Téd'iStricklin on May 26, 1987, and June 1, 198Ÿ, regarding the Deering property at 1208 Franklin Street and their apartment with thè address of 523 Fillmore Street. i ¡Mark Hilt was recognized and spoke about an incident regarding a bicycle on the ,wrong side of the road and the resulting hazards presented auto drivers. ¡Sally Boyer was recognized and spoke against the ordinance regulating bicycle iriding on the right side of Sims Way stating that left side riding against trafficr lis hazardous to bicycles and autos alike, and is against all practice. \ I -..- I I I 351 MINUTES OF THE REGULAR SESSION OF JUNE 2, 1987, Cont. -----------'-------------------------------- -- ---- -,-------------- ---____n- ---- - ---- - ----- -- _u- - - - ----- - - -------------- ---------r----------------------------------------------- - I ---- --- - --- --_u --- -- ------- ----- COMMITTEE REPORTS I Environmental/Legislative: Councilmember Kenna made a motion for a declaration of non-significance for the Environmental Checklist for a Planned Unit Development! for William Grace on San Juan Ave for an eightyone unit Active Retirement Plat I Application No 587-03 which was seconded by Councilmember Jones. After discussion I the motion passed unanimously by voice vote. . I I [councilmember Norwood reported that there is a problem with the zoning ordinance: ¡regarding the planting of trees that could block the view of neighboring property~ The committee will be working on a solution with City Attorney Harper. : I I ¡Planning: Michael Hildt explained that Draft 5 of the Parking in Downtown discus~ ¡sion paper on the desks of -the councilmembers this evening is the subject of the ¡ public workshop June 11, 1987, of the Planning Commission. ; , : I ,¡'seniOr Center: Mayor Shirley announced that this is the meeting that a recommend~., ation for a senior center project at the Marine Park Building would be presented.! This will be done at a later date, after all the information has been assembled. I ! I Mayor Shirley also reported he and Ted Stricklin had attended a School Board I Meeting and presented them with more detailed information about the storm drainage fees charged the school and that there isn't a lot that can be done about it. Th~ ¡SChOOl Board is still requesting relief from the fees. : l'Insurance: David Grove reported that the city has received one quote for tail! coverage on the insurance for the city of $105,000.00 for all of 1986 and the: ¡first part of 1987. Homer Smith III has made application with two other companies land will have the quotes later in the month. ! ! PUBLIC HEARING ,¡ ¡Variance Request No 487-04 - Gunderson. Michael Hildt reviewed ~hefindings and! ¡conclusions of the Planning Commission for an addition to the front of the resi- I !dence at 527 Calhoun Street. Mayor Shirley opened the hearing to the audience. i ¡Whitey Johnson, the buildier, spoke in favor of the application for Mrs Gunderson! ¡and described the work to be done to the house. There being no further testimon~, ¡Mayor Shirley closed the hearing to the audience and turned the application over! Ito the council for disposition. Councilmember Hunt made a motion that the councin ¡approve the variance with the following findings which was seconded by Council- ' Imember Jones: . ì I I FINDINGS I 1. Applicant proposes an addition to the front of an existing single-famîly resi-i dence at 527 Calhoun Street. Variance is requested from the.required twenty-foot: ¡front setback to allow the proposed addition to extend to within fifteen feet of I the property line. The subject property is zoned R-1 and is surrounded with singne- ifamily development. - .' 12. The proposed addition would add 237 square feet to the existing 921 square Ifoot house, resulting in a total 1158 square foot house for 19% lot coverage. , Ii:.. The ~xisting house has a nonconforming side yard as both side yards are 9 fee~, ,lacking the required 10 foot requirement on one side. The addition would not I increase the degree of nonconformity as one side of the additio,(would be greaterj than ten feet from the lot line while the other would remain at 9 feet (5 min.). : The rear yard setback would remain as it is now at sixty feet. I~ Calhoun Street, upon which the subject property fronts, has a platted width ot ¡seventy-three feet. Though more-recent street plats are often narrower, seventy-: three foot street widths are common throughout the district in which the subject: property is located. 5. Applicant submitted signed statements of support from neighbors. The motions passed unanimously by voice votè~ , Variance Request No 287-03 - Aoyama. Michael Hildt reported th'at the Planning Com:- mission is recommending denial of this request because of the following findings land conclusions: ! I i , \ 352 _.J1J1LUT~OF TH~ RE~ULAR SESSION OF JUNE 2,_1.2.81-, Cont. ------- ---------_c_--- -- .-._---- ----- FINDINGS 1. Applicant proposes construction of a 231 square foot carport to an existing ~50 sq. ft. single-family dwelling at 1722 Jefferson Street. With the proposed ¡carport the structure would cover approximately 33% of this non-conforming 4800 square foot lot. The property also has a non-conforming 15 ft front yard setback. The proposed carport would extend to the northeast, reducing the side yard set- back to one foot from the northeast property line. Accordingly, a variance would be required from the required 10 foot side yard setback. 12. To the northeast is an existing 12 ft setback which would be reduced in part to lonê foot by the proposed carport. Adjacent is a single story dwelling on a doublé lot, about 45 ft from the existing subject structure. 13. Jefferson Street borders the front of the property to the southeast. To the southwest is a single-family house about 19 ft from the Aoyama house. The south- west side yard is 5 feet. To the northwest are two detached garages accessory to single-family dwellings facing Franklin Street. These garages are about 4 feet northwest of the 25-35 ft rear yard of the subject property. 4. Although there are two closely-placed garages to the northwest facing Franklin ~, generally properties in the vicinity appear to meet minimum side yard requirel ments. 15. The applicants converted the former attached garage at the northeast end of ~e house to living space in 1978 or 1979. 16. The existing driveway accommodates two off-street parking spaces. Although ~verflow parking from the Jefferson County Courthouse occasionally extends to the ~ront of the subject property, there is generally ample on-street parking on Jef- Iferson Street. ! CONCLUSIONS I 11. The proposed variance would not amount to a rezone nor constitute change in tHe ~istrict boundaries shown on the official zoning map. I ~ Although the subject property is constrained by its slightly smaller than con-I forming size, this is a non-conforming condition in itself and not a special con- þition peculiar to the subject property. Inasmuch as the former garage was convenlted ~o living space by the applicants, the inadequacy of the remaining side yard for L,~he proposed carport is a result of actions of the applicants and therefore canno~ (be used as justification for the variance. I ß. Literal interpretation of the provisions of the Port Townsend Zoning code (PTMC ~h. 17) would not deprive the property owners of the rights commonly enjoyed by other properties similarly situated in the same zoning district. ~. The variance requested would confer special privilige to the subject property ~I hat is denied to other lands in the same district. þ. Although construction of the proposed carport would leave more than required ~eparation from the adjacent dwelling to the northeast, the remaining side yard would be diminished to the extent (one foot)that the adjacent property owner's ~evelopment rights would be diminished to within 9 feet rather than the existing 5 feet of their property line (PTMC 17.20.020). This result, together with the ~evere reduction of open space proposed, may be injurious to the property or improlve- ments in the vicinity and zone in which the subject property is situated. ~. Granting of the variance would extend the degree of non-conformity of the sub- tiect property contrary to the provisions of the zoning code (PTMC 17.52.060 and p. 52. 080B) . V. The reasons set forth in the application do not justify granting the variance, hor would the variance be the minimum variance that would make possible the reas- bnable use of the land. ~. Because the granting of the variance would not be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municiple Code and tould be injurious to the neighborhood, the Port Townsend Planning Commission ~ecommends that the above referenced variance request be denied. ; i Mayor Shirley opened the hearing to the audience. Rick Engel, the builder for the Aoyamas, was recognized and spoke in favor of the variance, as did Mrs Aoyama. I ~ouncilmember Norwood spoke in favor of the variance after speaking with the neig~- þors. After discussion, Mayor Shirlèy closed the hearing to the audience and tur]ed ~he application over to the council for disposition. After a lengthy discussion, Çouncilmember Norwood made a motion that the varience be granted with the followi g X findings and conclusions which was seconded by Councilmember Jones: I ! 1 ! I I I I 353 MINUTES OF THE REGULAR SESSION OF JUNE 2, 1987, Cont. -'---------~---,------------------------------------------------ ---- n______- --_-____n- -- - _____n____~_-____un_-_- --------- --------------------- n___--- -- ---------- -- ------- -- -- _m - - - --- ------ - - -- --- ---- ---_u n_----___uu ----------- I I I 1. Applicant proposes to add a 231 sq ft carport to an existing 1350 sq ft singl~ family dwell i ng at 1722 Jefferson Street. With the proposed carport the structurle would cover approximately 33% of this non-conforming 4800 sq ft lot. The property also has a non-conforming 15 ft front yard setback. ¡ The proposed carport would extend to the northeast, reducing the side yard setbadk to one foot from the northeast property line. Accordingly, a variance_would be required from the required 10 ft side yard setback. I I~ To the northeast is an existing 12 ft setback which would be reduced in part I: to one foot by the proposed carport. Adjacent is a single story dwelling on a double lot, about 45 ft from the existing subject structure. ' 3. Jefferson Street borders the front of the property to the southeast. To the ¡ southwest is a single-family house about 19 ft from the Aoyama house. The south~ west side yard is 5 ft. To the northwest are two detached garages accessory to ¡ single-family dwellings facing =Franklin Street. These garage~ are about 4 ft : northwest of the 25-35 ft rear yard of the subject property. ¡ 14. Although there are two closely-placed garages to the northwest facing Frankli!n ¡St, generally properties in the vicinity appear to meet minimum side yard require- ments. : 5. The applicants converted the former attached garage at the northeast end of : the house to living space in 1978 or 1979. ' 6. The existing driveway accommodates two off-street parking spaces. Thete is i generally ample on-street parking on Jefferson Street. FINDINGS CONCLUSIONS I I I 1. The proposed variance would not amount to a rezone nor constitute change in ¡ the district boundaries shown on the official zoning map. I~ Because of the less than standard size of the subject lot, special circum"" stances exist which do not result from actions of the applicant and which are peculiar to the subject property and are not applicable to other lands in the di stri ct. 3. The variance requested would not 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: ! or injurious to the property or improvements in the vicinity and zone in which I I the property is situated. - I 5. The reasons set forth in the above referenced application justify the grantirig of the variance and the variance is the minimum variance that wïll make possible i the reasonable use of the land. ! ~ Because the granting of the variance would be in harmony with the general i purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code, the! I above referenced variance is granted. ! The motion was passed by roll call vote with affirmative. Councilmembers Camfield, Clise ! I I four councilmembers voting in the, and Kenna voted against the motion. ¡ I OLD BUSINESS ORDINANCE NO 2071 I I I I I Mr Grove explained that this ordinance was introduced at the last council meetin~ ! and was tabled until tonight because of questions regarding the ration of imperv~ I taus surface on the lot. Since the ordinance conforms to the existing ordinance~ I Councilmember Ison made a motion to adopt the ordinance which was seconded by I I Councilmember Kenna and passed unanimously by roll call vote. ¡ , i AN ORDINANCE AMENDING THE STORM WATER UTILITY SERVICE RATES FOR THE CITY OF PORT TOWNSEND, FOR ALL PROPERTY AND PROPERTY USES OTHER THAN SINGLE FAMILY RESIDENCES, AND AMENDING SECTIONS OF ORDINANCE NO 2054 AND CHAPTER 13.20 OF THE PORT TOWNSEND MUNICIPLE CODE. 354 MINUTES OF THE REGULAR SESSION OF JUNE 2, 1987, Cont. -- ---------- ------------- ------------- - ---------------- --- ORDINANCE NO 2072 AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF AN EASEMENT INTEREST IN CERTAIN REAL PROPERTY IN THE CITY Mr Grove read the ordinance by title. Councilmember Ison made a motion that the ¡first reading be considered the second and the third be by title only which was seconded by Councilmember Hunt and passed unanimously by voice vote. Mr Grove ¡again read the ordinance by title. Councilmember Hunt hade a motion to adopt the ordinance which was seconded by Councilmember Jones and passed unanimously by ro 11 ca 11 vote. I ORDINANCE NO 2073 AN ORDINANCE AMENDING ORDINÞNG:~ NO 2046 BY ELIMINATING RESERVATION OF A UTILITY EASEMENT IN FAVOR OF THE CITY IN CONNEC- TION WITH VACATION OF THE ALLEY IN NATIONAL CITY ADDITION, BLOCK TWO Mr Grove read the ordianance by title. Councilmember Hunt made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Ison and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Ison made a motion to adopt the ordinance which was seconded by Councilmember Kenna. After a brief discussion, the motion passed unanimously by roll call vote. i I I I Icouncilmember Ison made a motion to adopt Resolution No 87-24 which by Councilmember Jones and passed unanimously by voice vote. I ì i !Public Hearing. Councilmember Kenna made a motion to conduct a public hearing on ~he proposed Conditional Use Permit No 487-03 ~ Deering during the re.gular council ~"eeting on June 16, 1987, which was seconded by Councilmember Jones and passed ~nanimously by voice vote. ! RESOLUTION NO 87-24 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LETTER OF INTENT TO NEGOTIATE WITH UNION WHARF ASSOCIATES FOR THE REDEVELOPMENT OF UNION WHARF I was seconded NEW BUSINESS RESOLUTION NO 87-25 I I I : lilTed Stricklin explained that this agreement is needed for the street sealing pro- gram. Councilmember Kenna made a motion to adopt Resolution No 87-25 which was seconded by Councilmember Jones and passed unanimously by voice vote. I . I i I ! I I I I ! A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY RESOLUTION NO 87-26 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT TO PUGET POWER I , ~ayor Shirley explained that this is beneficial to the city because it means that ¡the power to City Lake will be underground. Councilmember Ison made a motion to ¡,adopt Resolution No 87-26 which was seconded by Councilmember Hunt and passed unanimously by voice vote. i ¡ ¡Policy on Community Service Workers. Mr Grove explained that this policy is rec- jommended by the Washington Cities Insurance Authority for all cities that use Icommunity service workers and is the practice that the city has been following. 'I'councilmember Kenna made a motion that the policy be approved which was seconded by Councilmember Jones and passed unanimously by voice vote. I I 355 -------------------------_____M..IN~I~_?__9LIHE_~~_(J~~~R S~S~}O~ _OF ~U~J__2~_J~~z.,_~Q_nt"- ---------- --- .----------------------- -- ,,------------- --.. -- - --- - ---- --- --- ---- -----------_u ---, ------ EXECUTIVE SESSION I Mayor Shirley recessed the meeting into executive session at 8:5:i PM to discuss ¡potential legal actions. The meeting was reconvened at 9:38 PM. MaYOr Shirley reported that Bob Schóesslerhas contracted with Gr'eat Northwest ¡Federal Savings to landscape the bank grounds and the Triangle. ADJOURNMENT There being 9:41 PM. I I I no further business, Mayor Shirley declared the meeting adjourned at ! , ~~. : Mayor ~ IAttest: ItJ~ City Clerk-Treasurer I I I MINUTES OF THE REGULAR SESSION OF JUNE 16, 1987 ¡The City Council of the City of Port Townsend met in regular session this 16th day of June, 1987, at 7:30 PM in -the Council Chambers of City Hall, Mayor Brent S ' Shirley presiding. ROLL CALL I ¡COUnCilmembers present at roll call were Jean Camfield, John Clise, Janis Hunt, Glenn Ison, Vern Jones, Mike Kenna and Mary Norwood. Also present were City ~ttorney Keith Harper, Public Works Director Ted Stricklin, Deputy City Treasurer: ~era Franz and Executive Administrative Assi~t~nt7Pla~ri~r Michael Hildt. ! i I MINUTES , ICouncilmember Hunt made a motion to approve the minutes of June 2, 1987, as written land to dispense with the reading of them which was seconded by Councilmember Jone$ land passed unanimously by voice vote. I BILLS AND CLAIMS IThe following bills and claims were presented for payment: i I I I i I I Current Expense Street Library Park Emergency Medical Services Kah Tai Lagoon Park Water-Sewer Equipment Rental $ 5,996.79 4,330.72 8,743.13 2,170.16 167.12 330.07 18,617.13 2,039.02 Councilmember Hunt made a motion that the funds which was seconded by Councilmember ¡vote. ¡ ! bills and claims be paid from the proper Ison and passed unanimously by voice ~