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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 02/03/1987 0 0 KENT BOARD OF ADJUSTMENT MINUTES February 3, 1987 The scheduled meeting of the Kent Board of Adjustment was called to order by Chairwoman Mauritsen on the evening of Tuesday, February 3, 1987, at 7:30 p.m. in the Kent City Hall , City Council Chambers. MEMBERS PRESENT: Phyllis Mauritsen, Chairwoman Beth Carroll Walter Flue Robert Kitto CITY STAFF MEMBERS PRESENT: James P. Harris, Planning Director Lin Ball , Associate Planner Lois Ricketts, Recording Secretary APPROVAL OF AUGUST 5, 1987, Mr. Kitty MOVED that the BOARD OF ADJUSTMENT MINUTES minutes mf;the August 5, 1986, Board of Adjustment meeting 'be approved as presented. Mr. Flue SECONDED the motion. Motion carried. Mr. Harris presented the change of Council meetings from Monday evenings to Tuesday evenings beginning in March 1987. Mr. Flue MOVED and Mr. Kitto SECONDED the motion to change the Board of Adjustment meeting dates from the first Tuesday to the first Monday of each month. Motion carried. Chairwoman Mauritsen administered the oath to all who intended to speak. DI PIETRO TRUCKING COMPANY Chairwomaam Mauritsen stated VARIANCE #V-86-8 that her, f;amily business is located ,Zediately next doer to the $moject property. The applic'ant's representative affirmed.-, that there was no objectign ,to her position on the BoArd, regarding this issue. Lin Bail presented this request for a variance from the 45-foot front yard setback requirement in the M2, Limited Industrial , zoning district as required by Section 15.04.180 E3a. The applicant requested permission to reduce the setback to 30.5 feet for construction of a freight transfer ,bu,i I ding. The appli- cant has requested that this measurement be taken from the old, existing property line. The applicant has signed no-protest LID covenants to deed 13.5 feet of the 30.5 variance request for future street improvements. This would leave Kent Board of Adjustment Minutes February 3, 1987 a 17-foot setback from the new property line. The applicant has already constructed a fence and landscaping along the new property line based on the future street improvements. The property is approximately 3.18 acres in size and is located at 8612 218th Street. The Comprehensive Plan map designates the site as "Industrial Park." This is an older area of the City which is still in transition from single- family/residence agriculture to industrial and heavy commercial . Building setbacks together with required perimeter landscaping aid in buffering these single-family residences from adjacent industrial uses. Reduction of the required front yard setback requirement would decrease the buffering separation and could have an adverse impact on these dwellings. The site was annexed to the City in 1956. A conditional use permit was granted in 1980 to allow a truck maintenance storage facility. In 1982 a conditional use permit was granted to allow expansion to the existing facility which has resulted in development of the entire site. The Planning Department recommends denial based on the following findings outlined in the staff report: 1 . The variance would be a grant of special privilege to the applicant, inconsistent with the limitation on other properties in the area and M2 zone. 2. There are no special circumstances relating to the size, shape, topog- rapy, location or surroundings of the subject property which make this variance necessary in order to provide the property with the use rights and privileges permitted to other properties in the M2 zone. 3. The granting of this variance dould be detrimental to the public welfare and injurious to adjacent properties. Chairwoman Mauritsen opened the public -hearing. Don Bogard, architect, 922 North Central, Kent, as a representative of the owner presented the request for a 30 x 75 foot building. At the predevelopment meeting he found that the area in question was a front yard. He felt that he was being asked to have two front yards. He felt that the old property line is the true property line from which the 45 feet should be measured. His request for a variance asked for the 45 feet to be reduced to 30.5 feet from the original (old) property line. He felt that the 13.5 feet was still owned by the applicant and thereby the applicant could use the old property line for measurement. He felt that this part of South 218th was a side yard flanking street. He expressed concern that if the building were to be moved back, five parking spaces would be eliminated. He mentioned that he had written a letter requesting the Board to visit the site. When Mr. Bogard was asked what would prevent placement of the proposed building in the northeast corner of the site, he responded that it was not possible -2- Kent Board of Adjustment Minutes February 3, 1987 because trucks are currently stored in this area and it would affect the maneuvering area for the trucks. He did not feel that erectton of the proposed building would be detrimental to the neighboring residences. Michael Pozzi , Vice President of Di Pietro Trucking, stated, that trucks and trailers are stored at this location while they are waiting �or' delivery. Mr. Kitto asked if the building were placed in the back of the site, would that leave additional space for truck holding stalls to be placed- at the front of the site. Mr. Pozzi explained that there are eight trailers''parked in the front area at the present time. If the building were placed in the front, the appli- cant must remove five parking stalls. Jim Rust, 8619 South 218th, expressed concern about the placement of the refrig- erated trucks because of the noise level . Mr. Bogard responded that they hoped the trucks would be stored in an area that would provide electrical service. The trailers are 13 feet 6 inches high and the building would be only 6 or 8 inches higher than the trucks. There would be activity from 6 a.m. to 8 p.m. Mrs. Rust stated that the most disturbing part of the storage of the trucks was the change in the noise level during the night. This .change awakens her. Mr. Rust pointed out that United Trucking loads and unloads throughout the night. He hoped that Di Pietro Trucking would not be as noisy as United Trucking. Mr. Bogard felt that the 75-foot building would help to act as a barrier against the noise of the trucks. Mr. Pozzi explained that United Trucking hauls general freight commodities. Di Pietro hauls food products. Their hours are from 6 a.m. to 8 p.m. United Trucking operates 24 hours each day with their reloading activity. Ms. Ball explained that the area in question is a front yard, and that the condi- tional use permit referred to this area as the front yard. GIs. Ball pointed out that the direction the building faces does not determine whether the yard is a front, side or rear yard. The front yard landscaping requirement is 15 feet, side yard, 10 feet, and the rear yard has no landscaping requirement. Chairman Mauritsen felt that the applicant had shown acceptance of the area in question as a front yard by fencing and landscaping 15 feet, landscaping 10 feet on the side yards, and having no landscaping for the rear yard. This would place the front yard on 218th Street. Ms. Carroll MOVED that the public hearing be closed. Mr. Kitto SECONDED the motion. Motion carried. Mr. Kitto felt that according to the definitions, the area under discussion is a front yard. He felt the applicant would not have to set back 45 feet from the new property line. The 45 feet could be measured from the old property line. Even if the 30.5 feet were measured from the old property line, the appli- cant would still need the variance approved by the Board. -3- Kent Board of Adjustment Minutes February 3, 1987 Ms. Carroll felt that a variance would be required even though it might be a lesser amount. The three criteria still must be considered. She did not feel that any one of the three criteria applied in this instance. This request had nothing to do with the size, shape,, topography, location or surroundings which would be necessary in order to meet the criteria for granting a variance. Mr. Flue agreed that this request did not meet the criteria needed for granting a variance. Ms. Carroll MOVED that the application for this variance be denied because it did not meet the criteria needed for granting a variance. Mr. Flue SECONDED the motion. Mr. Kitto felt that the request had met criteria number 3, and that numbers 1 and 2 were questionable. He voted that the variance request be denied. Motion carried unanimously. ELECTION OF OFFICERS Mr. Kitto MOVED that Chairwoman Mauritsen continue as chair- woman. Ms. Carroll SECONDED the motion. Motion carried. Kitto MOVED that Ms. Carroll be nominated as Vice Chairwoman. Mr. Flue SECONDED the motion. Motion carried. ADJOURNMENT Mr. Kitto MOVED that the meet- ing be adjourned. Mr. Flue SECONDED the motion. Motion carried. The meeting was adjourned at 10: 15 p.m. Respectfully submitted, , amHartris, Secretary -4-