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HomeMy WebLinkAbout06/16/1987 355 MINUTES OF THE REGULAR SESSION OF JUNE 2, 1987, Cont. .. ,-- -- - - ,- -- EXECUTIVE SESSION I I 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 Schoessler has contracted with Great Northwest Federal Savings to landscape the bank grounds and the Triangle. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:41 PM. ~~7- Attest: JJ~ City Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JUNE 16, 1987 ~he 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 Councilmembers present at roll call were Jean Camfield, John Clisl:, Janis Hunt, Glenn Ison, Vern Jones, Mike Kenna and Mary Norwood. Also present were City Attorney Keith Harper, Public Works Director Ted Stricklin,_Deput:{ City Treasurer Vera Franz and Executive Administrative Assi~t~nt/Pl~~ner Michael Hildt. MINUTES Councilmember Hunt made a motion to approve the minutes of June 2, 1987, as written and to dispense with the reading of them which was seconded by Coljncilmember Jone5 and passed unanimously by voice vote. BILLS AND CLAIMS The following bills and clãims were presented for payment: 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 bills and claims be paid from the proper funds which was seconded by Councilmember Ison and passed unanimously by voice' vote. ,,-,.,: 356 MINUTES OF THE REGULAR SESSION OF JUNE 16, 1987, Cont. ------- . --- ------- T-_-- -- - ------------- --COMMUNICATIONS. ... I IA letter dated June 10, 1987, from the Port Townsend Chamber of Commerce requestimg ,$2,500.00 from the Cityls Hotel/Motel money for Television promotions was copied !for the Council. Cheryl Van Dyke was recognized and explained the request is for 'a campaign promoting Northwest Getaways by KIRO television this summer during July. Councilmember Kenna made a motion to approve this request which was seconded by Councilmember Hunt and passed by voice vote with six councilmembers voting in the affirmative. Councilmember Clise abstained. I IA letter dated June 12, 1987, to the Mayor and Council from Charles E Wallin was copied for the Council asking for enforcement of specific areas of the Port Town- send Zoning Ordinance regarding the Conditional Use Application No 487-03. Mayor Shirley referred this to the Public Hearing later in the meeting. I A memorandum dated June 12, 1987, from City Attorney Keith Harper was copied for Council regarding the Bicycle and Pedestria~ Ordinance on Sims Way. Mayor Shirley ¡explained that Ted Stricklin ¡has ~ee~ in touch with Olympia and this will probably ¡be bro~ght up durin~ the next meeting. I MaYOr Shirley mentioned a letter from the Department of Ecology dated June 15, 1987, and received June 16, 1987, but not yet distributed to Council stating that they lare denying the Shoreline Variance Permit No 590-14-6921 for the City of Port I ITownsend-Union Wharf Associates. Mayor Shirley noted that a review will be ¡requested. PUBLIC COMMENTS i ' ¡¡BOb Duffy was recognized and requested that the Council rescind the Ordinance on Bicycle and Pedestrian traffic on Sims Way because of safety concerns. . Ils~e Sidle of the Friënds of the Library reported on the meeting in Yakima with the ¡State Library Commission. The Commission feels that our Library has a deserving I project but matching funds for a grant should be raised before a grant is awarded, ¡so there is a lot of work to be done before re-applying next year. ! ! COMMITTEE REPORTS -¡water-sewer. Counci'l~em~er Ison reported that it is felt that we will be able tol !meet the deadline for the Secondary Sewage Treatment Plan. ¡ . ¡Street. Councilmember Jones requested that Michael Hildt give a report on the Parking in Dowhtown Workshop of the Planning Commission. Mr Hildt explained that recommendations will be forthcoming sometime in the next 60 days. ¡Animal Control. Councilmember Clise reported that the animal control negotiators ¡are trying to resolve the problems with the Jefferson County participation. ¡ . - ¡Street. Councilmember Jones introduced Earl W Fisher to give a report on the !status of the 57th Street Improvement Committee. The Street Committee is going to Itry to have an ordinance prepared for the next meeting on the upgrading of the I ¡streets in the North Beach area. !LegiSlative/Environmental. Councilmember Kenna made a motion for a declaration o~ ¡non-significance on the Environmental Checklist for Waterbury Management, Inc, fo~ ¡a 40 unit motel plus a manager's unit which was seconded by Councilmember Jones and passed by voice vote with six councilmembers voting in the affirmative. Council- ~ember Camfield absta~ned and did not take part in discussion. I I ' 'Icouncilmember Kenna noted that the Committee is still working on the signage request of Service Activi,ties. I. ,'. . ICouncilmember Kenna made a motion that the City authorize the building at the site iof the Jacksen Beque~t Sculpture be demolished which was seconded by Councilmemberl ~lise and passed unanimously by voice vote. I i ' Bob Little was recognized and read a letter from the National Endowment for the ~rts awarding a grant of $50,000.00 for the Jackson Bequest Sculpture Project. , i I I I 357 ~------ ------------------- _MINUTES__Qf_-l]:!E_RE.GUl.AR- $E$5HtN Of JUNE_l6.,_,- 19_87,-Coot. - - --- -- --- -----------r------ ____m_m___- - - --~~;~~~T~~N NO- 8;~;-~---_____un- _____m_____- -----~-- A RESOLUTION AUTHORIZING THE ,MAYOR TO SIGN DOCUMENTS FOR THE NATIONAL ENDDOWMENT FOR THE ARTS I ~ouncilmember Ison made a motion to adopt Resolution No 87-28 which was seconded by Councilmember Jones and passed unanimously by voice vote. I . parks/Property. Councilmember Camfield reported that the draft of a Street Tree I prdinance proposed by the Park Board will be referred to Mr Harper and an ordin-: rnce will be forthcoming during the month of July. : , ~ppointment. Mayor Shirley announced the appointment of Kathy LuchBarnard to the ¡ ¡ark Board. Councilmember Camfield made a motion to approve the appointment which ras seconded by Councilmember Hunt and passed u~animously by voice vote. I Resignation. A letter of resignation effectfve Jury 7, 1987, from Cou:ncilmember ! runt was received and accepted with regrets. Councilmember Jones made a motion tq ~ppoint a replacement at the meeting on July 21, 1987, which was seconded by : Founcilmember Ison and passed unanimously by voice vote. Applications must be received at City Hall by July 17, 1987, and interviews will be held during the ,U1Y 21, 1987, meeting. , Çook Ave. Mayor Shirley reported that he and Ted Stricklin have been checking on! ~he sluffing off of the bank below Cook Avenue. Councilmember Ison made a motion ~o authorize the Mayor to negotiate with the abutting property owner to re-locate Cook Avenue away from the bluff which was seconded by Councilmember Jones and I passed unanimously by voice vote. ' benior Center. Michael Hildt made a report on the suggested sites for a Senior Center. A Public Hearing on the recommendations was set for July 7, 1987. I ¡ I I ~ariance Application 387-02 - Dr N M Skotdal. Michael Hildt reviéwed the finding~, þonclusions and conditions of the Planning Commission for a six-foot chain link i rence at 1814 Garfield Street. Mayor Shirley opened the hearing to the audience. I Dr Skotdal was recognized and spoke in favor of the variance. There being no : ~urther testimony, Mayor Shirley closed the hearing to the audience and turned th~ ~pplication over to the Council for disDosition. Councilmember Ison made a motiorl ~hat .t~e Coun~il grant the variance \\li~h the:fOlFØNi~g findings, conclus~ons and: Fo~dltlons WhlCh was seconded by Councllmember Camfleld and passed unanlmously by: WOlce vote. - PUBLIC HEARINGS I Findings of Fact i 111. Applicant has constructed a six foot, chain-link fence within 1 1/2 feet of the Blaine Street right-of-way which borders the I rear lot line of the subject property at 1814 Garfield Street. A ! misunderstanding with City Hall led to the fence placement before it was realized by City staff that the lot extends through to Blaine Street. A variance is requested from fence height and setback requirements, 17.36.010 PTMC. 112. The property is zoned R-I and is surrounded with single- family development, though there is an undeveloped lot to the I immediate northeast. The Intermediate School is ~cröss Walker ! Street to the west. J , 13. Applicant requests relief frQm zoning provisions to provide ! security for an elderly father who works in the garden, a rear I yard area which cannot be observed from the house because of the I placement of a large, long-standing shed; and to contain three I dogs. ' I ¡ 4. Applicant agrees to landscape the fence line to make it as I attractive as possible for the neighborhood and reports that the ! neighbors are satisfied with the improved appearance since I removal of brambles and weeds from the rear of the property. 358 --------- MINUTES OF THE REGULAR SESSION OF JUNE 16,_1987, Cont. ----.------- -----_.~-- i 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 placement of the large, longstanding shed which prevents observation of much of the rear yard, special circumstances exist which do not result from actions of the ap- plicant and which are peculiar to the subject property and are not applicable to other lands in the district. I 3. The variance requested would not confer a special privilege to the subject property that is denied to other lands in the same , district. I 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 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 I the land. I 6. Because the granting of the variance would be in harmony with I the general purpose and intent of Title 17 (zoning) of the Port I Townsend Municipal Code, Variance Application 387-02 is GRANTED I AS CONDITIONED: I 1. The fence may be maintained but may not be altered unless made to conform to the then current zoning requirements. I 2. Whenever the shed is removed or replaced, the fence must be made to conform to the then current zoning requirements. , I 1 I ¡Conditional Use Permit No 487-03 - Deering. Michael Hildt reviewed the findings, ¡conclusions and conditions of the Planning Commission for a four-room Bed and ,¡Breakfast Inn at 1208 Franklin Street. Mayor Shirley opened the hearing to the audience. Ms Joan Deering was recognized and spoke in favor of the Conditional !Use Application indicating their support of the terms and conditions proposed by the Planning Commission. Ms Cheryl Van Dyke spoke in favor of the application because of the business-like manner in which the Deerings worked with the Chamber ¡of Commerce and the care they have given the appearance of the property. Mr Charles ¡Wallin was recognized and spoke in opposition to the application because of the I ¡impact on parking in the immediate area and the potential effect on sanitary sewen ¡lines in the area. He testified in his opinion that four units provides too much ¡¡density in population. Ms Madge Wallin was recognized and spoke against the application. She inquired as to whether the Apartment at 523 Fillmore Street is ~eing included with this application. Mr Hildt indicated it was. She is opposed ¡to the application because she alleges the use proposed does not meet the definit~on ~f terms in the Zoning Ordinance. Her concern is also one of density and frequenay ¡IOf access. She requested that the Council enforce the Zoning Ordinance as writterl. There being no further testimony, Mayor Shirley closed the hearing to the audienc~ ¡and turned the application over to the Council for disposition. Michael Hildt ¡explained the actions of the Planning Commission and the requirement of a Condit- lional Use Permit to change the designation of the Apartment from a month to month ¡tenancy to a tourist home or motel-type use and that the four guest rooms include ~he Apartment over the garage. Compliance t~ the Fire Marshall1s report and joint luse of off street parking with the First United Presbyterian Church requirements ~ust be met. City Attorney Harper responded to several issues: The Apartment is ¡included in this conditional use permit. The, City Clerk has received instruction rith regard to the business license. The sewerline easement is on private property ¡and is ~ private despute be~ween th~ ~all~ns and t~~ D~erings and ~he other properlty ¡owners lnvolved. The closest classlflcatlOn for thlS lS a four umtimotel.or a tourist home and a one unit motel which are both allowed in a RIll zone with a I þonditional use permit. The Fire Marshall's report should include the Apartment. I I , I 359 MI~UTES OF THE REGULAR SESSION OF JUNE 16, 1987, Cont. ----'--------------------------.-------------.------.- - - - --- .-.- -- - -- - -- - u ---- - - ---- -- ---------.---, ------------.-- --- .-- u,----,--,-_._---- --- - - --- ___m - ----- -- -.- -------- - ------------ ------- I I ~he parking joint use agreement is sharing space and does comply to the OrdinanceJ ~he Public Hearing is for the single piece of property even though it may have twq 6tructures on it and the notices were sent out according to ordinance. None of tHe :City Staff \'/as aware of the use of the-Apartment as a transient Jnit unti 1 this! ~onditional use permit was applied for. Councilmember Camfield made a motion tha~ ~he Council approve the Conditional Use Permit No 487-03 with the following findi~gs Fonclusions and conditions and that it must have the approval of the Fire Marsha11 ~hich was seconded by Councilmember Norwood and passed with five councilmembers ~oting in the affirmative. Councilmembers Jones and Ison voted against. I I I I I I lindiMS Qf Fact ~. Applicant proposes to establish a four-room bed and breakfast ~nn from May through September in their existing residence at ~208 Franklin Street. Although the Port Townsend zoning code ~oes not make provisions for bed and breakfast inns, a ponditional use permit has been required in the past in lieu of specific requirements. b. The subject property is on the northwest corner of Franklin bnd Fillmore Streets. Single-family development surrounds the Þroperty and the First United Presbyterian Church and parking lot ~re diagonally to the east across the Franklin/Fillmore ~ntersection. b. The subject property is zoned R-III and is legal, honconforming as to lot coverage and setbacks. I ~. The property also includes an existing rental unit apartment Þver the garage. The garage is substantially attached to the house with a connecting deck and breezeway. I 5. The applicant stated that there are three bedrooms in the house that could be used as guest rooms and that the fourth was ~ncluded in the application in the event they should wish to bonvert their own bedroom to a guest room in the distant future. i b. If the proposed bed and breakfast is to have four guest ~ooms, including the unit over the garage, four off-street barking spaces would be required in addition to the two spaces ~equired for the personal residence (17.28.080 Port Tmmsend kunicipal Code). Four off-street parking spaces are available on ~he property, leaving a deficit of two spaces. If the driveway pn Fillmore Street is restored, the deficit would be reduced to rne. V. The applicant has submitted a letter from the First United Presbyterian Church, agreeing to lease four parking spaces on the þhurch lot for use by guests of the inn. The inn is primarily a "'nighttime use" and the church is primarily a "daytime use" in the meaning of 17.28.060 Port Townsend Municipal Code, Joint Use. ! I I i i ponclusions i ~. The proposed bed and breakfast use will continue the external ~ppearance of the existing structure and, although exiBting bverflow parking from the First United Presbyterian Church will pe compounded on Sunday mornings, parking impacts will be substantially mitigated during the preponderance of operating , hours by a proposed joint use parking agreement with the church. I fhe City Council found at its meeting of May 19, 1987, that the proposal would not have any significant adverse environmental r~~~' ~~M~ - p~=~ jo~ - "~~ =~p~d w~ 360 MINUTES OF THE REGULAR SESSION OF JUNE 16, 1987, Cont. --------------------------- - -------- ------- ----------,". I ~he church can be concluded. I ~. The proposed bed and breakfast use of the subject property will not endanger the public health or safety, nor will a huisance be created. ~. The proposed use will be required to meet all of "the condi- ~ions and specifications set forth in the R-III zone in which the property is located except for those legal, nonconforming condi- ~ions which were in existence prior to the enactment of the Port ~ownsend zoning code in 1971. h. The proposed use will not be injurious or detrimental to rdjOining or abutting property. 5. The location and character of the use will be in harmony with ~he area in which it is located and will be in general conformity rith the Comprehensive Plan. [n consideration of the aforementioned findings and co~clusions, þonditional Use Application 487-03 is GRANTED AS CONDITIONED: I I I i i , 'Mayor Shirley opened the hearing to the audience. There being no comments from tHe public, Mayor Shirley closed the hearing to the audience and turned the resolutiort over to the Council for disposition. Councilmember Jones made a motion that the I Council adopt Resolution No 87-26 which was seconded by Councilmember Hunt. Aften ¡discussion, the motion passed unanimously by voice vote. I I ! i I 1. The Conditional Use Permit is granted for a renewable period of one year. 2. The applicant shall faithfully comply with the terms and conditions required by the First Presbyterian Church for a joint use parking agreement and shall present a properly drawn legal instrument to be recorded with the county auditor, executed by the parties concerned for joint use of off-street parking facilities and approved as to form and manner of execution by the City Attorney; such instrument to be filed with the building inspector upon approval by the City Council. (17.28.070 Port Townsend Municipal Code.) I 3. Applicable regulations of the Port Townsend Fire Department, the Washington State Fire Marshall and the Jefferson County Health Department must be met. . 4. Use of the property as a bed and breakfast inn is restricted to four guest rooms, including the unit over the garage. RESOLUTION NO 87-26 A RESOLUTION ADOPTING A SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 9188 to 1993. OLD BUSINESS I ORDINANCE NO 2074 AN ORDINANCE VACATING THAT PORTION OF IVY STREET LYING BETWEEN HASTINGS AVENUE AND 29th STREET WITHIN THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITION, AND PROVIDING FOR AN EFFECTIVE DATE AND RECORDATION OF THE ORDINANCE. 361 MINUTES OF THE REGULAR SESSION OF JUNE 16, 1987, Cont. -------,----- ----,--------------------------------------- -- --- - ----- -----,------ -- - - _u_------ --------- --------------------- -- - -,--- ----- -,-- ------------,------------------------- ---- ---- -- -- -.-- ---------------______n ---- I I Ms Franz read the ordinance by title. Councilmember Hunt made a motion that the ~irst reading be considered the second and the third be by title only which was, seconded by Councilmember Jones and passed unanimously by voice vote. Ms Franz I bgain read the ordinance by title. Councilmember Ison made a motion to adopt the I brdinance which was seconded by Councilmember Jones and passed unanimously by rol ta 11 vote. i I I I I þouncilmember Ison made a motion to adopt Resolution 87-27 which \~as seconded by ! foumcilmember Hunt and passed unanimously by voice vote. I ADJOURNMENT ~here being no further business, Mayor Shirley declared the meeting adjourned at : :9: 44 PM. I I RESOLUTION NO 87-27 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO GOLF COURSE LEASE I I þ,ttest: I I i í , I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 7, 1987 . ~he City Council of the City of Port Townsend met in regular sess-ion this 7th day! pf July, 1987, at 7:30 PM, in the Marine Park Community Building, Mayor Brent S I ihirley presiding. I ! I rouncilmembers 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, Clerk..Treasurer David I prove and Executive Administrative Assistant/Planner Michael Hildt. ¡ I I MINUTES ~ouncilmember Hunt made a motion to approve the minutes of June 16, 1987, as writien þnd to dispense with the reading of them which was seconded by Councilmember : Camfield and passed unanimously by voice vote. 63Jt7 -UD Mayor if ROLL CALL BILLS AND CLAIMS I jfhe following I I ¡ ! i i I I , ! bills and claims were presented for payment: Current Expense Street Library Park Hotel-Motel Transient Tax Emergency Medical Services Federal Shared Revenue Kah Tai Lagoon Park Water-Sewer Equipment Rental Firemen1s Pension and Relief Memorial $79,998.96 4,952.16 3,457.81 1,347.26 2,287.13 118.71 2,000.00 486.08 20,886.83 3,605.99 .2"04,- dO; 5,65!?-19