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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 04/01/1986 Iti N KENT BOARD OF ADJUSTMENT MINUTES April 1 , 1986 The scheduled meeting of the Kent Board of Adjustment was called to order by Chairman Mauritsen on the evening of Tuesday, April 1 , 1986, at 7:30 p.m. in Kent City Hall , City Council Chambers MEMBERS PRESENT: Phyllis Mauritsen, Chairman Anne Biteman Beth Carroll Walter Flue Robert Kitto CITY STAFF MEMBERS PRESENT: James P. Harris, Planning Director Lin Ball , Assistant Planner Lisa Pilon, Acting Recording Secretary Lois Ricketts, Recording Secretary APPROVAL OF MARCH 4, 1986, Mr. Kitto MOVED that the BOARD OF ADJUSTMENT MINUTES minutes, of the March 4, 1986, Board of Adjustment meeting be approved as presented. Ms. Biteman SECONDED the motion. Motion carried. All tho$O who expected to speak were sworn it. JOSEPH AND PATRICIA COLGAN Lin Ball presented the request VARIANCE #V-86-2 for a variance to allow a two-foot encroachment into the flanking side yard setback. Zoning Cade ,Section 15.04.020 F4d requires a 15-foot setback. The applicant wishes to place the building 13 feet away from the property line. 6 The applicant is proposing the construction of a deck/carport addition to an existing single family home. The building addition would--,encroach two feet into the 15-foot flanking side yard setback. As such, the addition would come within 13 feet of the property line at one corner. However, due to the angle of the lot line, only a small portion of the proposed addition would encroach into the setback area. The other corner of the structure adjacent to the street will be set back 19 feet. The proposed deck/carport would be extended from the main floor of the existing residence. The structure will extend a maximum of 14 feet from the house and vary in length from 28 to 36 feet. The site is located at 2451 South 249th Place and is approximately 8,500 square feet ' in size. The property is zoned R1-7.2, Single Family Residential . 4 Kent Board of Adjustment April 1 , 1986 The Board of Adjustment may grant a variance if an application is deemed to meet the conditions for granting a variance outlined in Zoning Code Section 15.09.040 C. These conditions are as follows: 1 . The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed is located. 2. Such variance is necessary, because of special circumstances relating to size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; and 3. That the granting of such a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. The Planning Department has reviewed the proposed variance in light of the above statements and has made the following comments: 1 . The variance shall not constitute a grant of special privileges inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed is located. Planning Department Finding The subject property is in a residential neighborhood which has existed for several years. Most of the homes in the area were built prior to the adoption of the present Zoning Code. As such, some of the homes do not appear to meet present zoning code setback requirements. These homes are considered to be non-conforming (grandfathered) . The Board of Adjustment has granted variances in the past to allow the encroach- ment of residential buildings in the flanking side yard setback. Although this type of variance has not been granted in the immediate vicinity, it has been granted in the same zoning district (R1-7.2) . Granting the variance would not be a grant of special privilege to the applicant. The variance would allow the applicant use rights enjoyed by other properties in the immediate neighborhood as well as in similar zones throughout the City. 2. Such variance is necessary, because of special circumstances relating to size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located . -2- Kent Board of Adjustment April 1 , 1986 Planning Department Finding The applicant is requesting a variance to allow a small portion of an unwalled building addition to encroach into the flanking side yard setback. The appli- cant wishes to place a corner of the proposed structure within 13 feet of the property line, while the required setback is 15 feet. The encroachment is necessary due to the unique shape of the lot. The lot is an irregular-shaped rectangle. The existing home on the lot was constructed to align with the north and east property lines. The west property line forms an irregular angle with the north and south property lines, These unusual angles create a situation that allows most of the proposed addition to meet or exceed the required setback. However, a small portion of the addition will encroach up to two feet into the setback. This is due to the shape of the property. As such, the variance is necessary because of special circumstances related to the size and shape of the subject property. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is sit4ated. Planning Department Finding The flanking side yard setback of 15 feet is designed, in past, to insure vehicular and pedestrian safety at intersections. This is especially important in the residential zones. The variance to allow the encroachment of two feet will not impact vehicular or pedestrian safety. The applicant is proposing a combination deck/carport addition. The deck will be supported by a 10 to 12-inch beam. The walls of the carport will not be enclosed. As such, a motorist approaching the intersection of 24th Place South will have clear vision through the carport, with the exception of the support beam. Adequate sight distance will be maintained to insure traffic safety. The proposed addition will improve the applicant's property and, hence, the neighborhood. Granting the variance will not be detrimental to the public welfare or other improvements in the area. The Planning Department recommends approval of the variance request. Chairman Mauritsen opened the public hearing. Joseph Colgan, 2451 South 249th Place, wished to make himself available for any questions. There were no questions. Mr. Kitto MOVED that the public hearing be closed. Mr. Flue SECONDED the motion. Motion carried. -3- Kent Board of Adjustment April 1 , 1986 Mr. Kitto MOVED that the Planning department findings be adopted as set forth in the staff report and that the variance be granted. Mr. Flue SECONDED the motion. Motion carried unanimously. ADJOURNMENT Mr. Kitto MOVED and Mrs. Biteman SECONDED the motion to adjourn the meeting. Motion carried. The meeting was adjourned at 7:50 p.m. Respectfully submitted, ames Harris, Se retary -4-