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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/08/1979 h KENT BOARD OF ADJUSTMENT NOVEMBER 8, 1979 A special meeting of the Kent Board of Adjustment was called to order by Chairman Beth Carroll on the evening of Thursday, November 8, 1979, at 6: 40 p.m., in the Kent City Hall, MEMBERS PRESENT; Beth Carroll, Chairman Steve Dowell Phyllis Mauritsen Chet Wheeler CITY STAFF MEMBERS: Will Wolfert, Associate Planner Carol Cowan, Recording Secretary RENTON GYMNASTICS UNLIMITED, INC. A' special meeting was called APPEAL OF ADMINSITRATIVE in order to clarify the motion INTERPRETATION made at the Novemt�ek 6, 1979 Board of Ad justroent 'meeting, Ms. Carol Jacobs, representing Renton Gymnastics Unlimited, Inc,, was requesting a reversal of the Planning Department's determin- ation that a gymnastics school is not a use permitted in an M-2, Limited Industrial zone (Section 3.18 of the Kent ;on,i`ng Code) . The original motion was to uphold the Planning Department's inter- pretation with the recommendation that the applicant pursue the Conditional Use Permit under the M-2 zone with the Board recommend- ing to the Zoning Examiner that it be granted with certain conditions, The motion was seconded and approved, , Chairman Carroll, referring to a memo from Don dirk, City Attorney, to the Board of Adjustment, dated November 8, 1979, stated the Board would have to find specifically that the proposed use "is one intended primarily to serve the needs of the M-2 district" or "will not interfere with the orderly development of the industrial area" . Mrs. Mauritsen took issue with the second paragraph on the second page of the memo. The Board was not asking to approve a conditional use permit. Mr. Wheeler stated when he made the motion at the last meeting, he felt this was a service-type operation and an allowable condi- tional use. He felt the applicant should be allowed to file an application for a Conditional Use Permit and be heard by- the Hearing Examiner, who would put on any conditions she thought appropriate. Mr. Wheeler stated he was not aware that the Planning, Department had determined that this- use was not allowed a Conditional Exception. Now that it is clear, he would vote to overturn the Planning Department's determination. -1- r a Kent Board of Adjustment November 8, 1979 Mr. Wheeler MOVED to OVERTURN the Planning Department's deter- mination because this is an allowed use under Conditional Use with the proper guidance from the Zoning Examiner.. Mrs. Mauritsen SECONDED, Mr. Wheeler statedthat the intent of the motion was to allow- this to be heard by the Zoning Examiner, Mrs. Mauritsen added the Board feels that it should fit under Conditional Exception as either compatible with the permitted parts of industrial uses or will not interfere with the orderly development of industrial areas. Mr. Wheeler clarified that the Board was not making the determin- ation;but the Zoning Examiner could. Chairman Carroll stated the motion of November 6 was to uphold the Planning Department's determination, this motion was to overturn i the Planning Department's determination based upon evidence which was not available at the Tuesday's meeting. Mr. Wolfert stated the City Attorney had advised him that in the Board overturns the Planning Department's determination, the Board is to find it to be either a Principally Permitted Use or a Condi- tional Use. Mr. Wolfert asked if the Board is finding it under the Conditional Use section of the Code. Chairman Carroll stated they didn't have the role to find that it is. Mrs Mauritsen stated they are allowing the applicant the opportunity to file for a Conditional Exception. The Board feels that it should fit, and it can go before the Zoning Examiner and she has the final say. Chairman Carroll added that they are not determining, in fact, that it is a Conditional Use.. Mr. Wolfert asked if they are finding that it falls under that section of the code,. Mr. Wheeler stated that it �could'l fall under the section, Mr. Wolfert asked if the Board was finding that this use is intended primarily to serve the needs of an M=-2 district, This is a require- ment that the Board has to find to deem it to fall under the Conditional Use section. -2- t. �f Kent Board of Adjustment November 8, 1979 Mr. Wheeler replied that the Board could not.. Mr. Dowell stated there is another option. The Board could overturn the Planning Department 's determination. Because of legal circum- vention in the paragraph of the City Attorney's memo and because when the people who adopted the Zoning Code could not think of every possible use of that property, this use could be considered principally permitted. The Zoning Code does not say- what you cant have in the principally permitted use---only what you can have.. This use would not be detrimental to the publc welfare and for those reasons, he could vote for the motion to reverse the Planning Department's determination. Mr. Wheeler stated he agreed with Mr. Dowell, but he didn't want to open a situation where there wouldn't be any controls, Mr. Dowell doesn't feel the Board should be making the determination.. He feels the Board should either have to uphold the Planning Department's determination or overturn it. Chairman Carroll stated the problem was in finding that this use is "intended primarily to serve the needs of the M--2 district" . She asked when do these needs start to be served. Do they start to be served after the real estate offices were there? At this point in time, the club does not serve primarily the industrial area. But once it is there, there is an opportunity for it to serve. This should be given consideration. People on their lunch hour can go to the gym. Mr. Wheeler WITHDREW his previous MOTION, He then MOVED to OVERTURN the Planning Departments interpretation.. The Board finds that the application is an allowed use in the Conditional Use section under the M-2 section of the Zoning Code.. It can be used to serve the needs of the M-2 district and it is compatible. It will not detrimentally effect the orderly development of the industrial area. Mrs. Mauritsen SECONDED. The MOTION PASSED unanimously.. There was a discussion concerning the lack of material that is avail- able to the Board and the need for more information in the staff report and from the City's departments. ADJOURNMENT Mrs. Mauritsen MOVED and it was SECONDED a MOTION to ADJOURN the meeting. MOTION CARRIED, Respectfully- submitted James P. Harris, Board of Adjustment Secretary B f � Will Wolf di-El A sociate Planner -3-