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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 09/08/1987 KENT BOARD OF ADJUSTMENT MINUTES September 8, 1987 The scheduled meeting of the Kent Board of Adjustment was called to order by Chairman Mauritsen on the evening of Tuesday, September 8,- l987, at 7:30 p.m. in the Kent City Hall , City Court Room. MEMBERS PRESENT: Phyllis Mauritsen, Chair Beth Carroll , Vice Chair Walter Flue Robert Jarvis PLANNING STAFF MEMBERS PRESENT: James M. Hansen, Principal Planner Kathy McClung, Associate Planner Greg McCormick, Assistant Planner Lois Ricketts, Recording Secretary APPROVAL OF AUGUST 3, 1987, Ms. Carroll MOVED that the minutes of BOARD OF ADJUSTMENT MINUTES the August 3, 1987, Board of Adjustment meeting be approved as printed. Mr. Jarvis SECONDED the motion. Motion carried. Chair Mauritsen administered the oath for all who intended to speak and explained the meeting procedures. BOWEN SCARFF Mr. McCormick presented the five specific VARIANCE #V-87-4 variance requests from: 1 ) the required curbing along the southerly property line of the new Bowen Scarff Volvo dealership 2) the required curbing and shading vegetation along dill Creek 3) the require4 landscaping island in the new sign ,area 4) the required cutouts and trees along Central Avenue 5) the required shruibs (otto luykens) per approved landscape plans on file in the Kent Planning Department to sub- stitute ground cover (juniper tams) The property is located at 1157 North Central Avenue. The property is zoned GC, General Commercial , and govers 1 .3 acres. The site was developed in the fall of 1986 and is an extension of the existing Scarff Ford Dealership located north of the site. t a 0 Kent Board of Adjustment Minutes Setpember 8, 19087 Land use in the vicinity includes a mixture of commercial and residential uses, and vacant property. The subject site was annexed to the City of Kent in 1955 and was initially zoned C3, General Commercial . The site was later reclassified as GC, General Commercial , with the adoption of the present zoning code in 1973. Mill Creek borders the subject site on the -west and is considered a "major creek," which requires a 50-foot setback of any impervious surfaces from the ordinary high water mark. A 20 percent reduction of the 50-foot setback may be obtained if shading vegetation is provided along the creek. The applicant has paved up to 40 feet of the high water mark of the creek and has provided some shading vegetation but not all of the required landscaping. The paving in the southern portion of the lot which encroached onto the required setback was allowed to remain. Shading vegetation, which consists of a combina- tion of trees and shrubs, was required to be ,installed along the creek to lessen the impact of the impervious surface. Sweet gum trees have been provided along the creek as a part of the required shading vegetation, but no shrubs have been provided. The zoning code requires a planting strip of 5 to 20 feet on all public rights of way in this zone. The Planning Department has reduced some of the requirements and made concessions because of the nature of the use. They have allowed the applicant to use the public right of way to plant required shrubs and ground cover and to make a small cutout area to plant required trees on the applicant's property. They have also reduced the planting height requirement for shrubs from 42 inches to 18 inches with a one-foot berm. The Planning Depart- ment recommends denial of all the requested variances. Bowen Scarff presented pictures and wished that the Planning Department could be given more flexibility in dealing with the zoning code. The code requires that any parking lot for vehicles be screened from the public eye with landscaping 42 inches in height. He did not consider his display area to be a parking lot because his business is based on tastefully displaying vehicles so that the public can view the automobiles. The Planning Department had consented to reduce the height to 28 inches, but he felt this was still unreasonable because of the nature of his business. He felt that cars in a parking lot or park should be screened, but cars that are for sale are not in a parking lot. An automobile dealership is in the business of displaying cars. The code states that the property owner shall plant trees at 30-foot intervals. On the original plan he showed sweet gum trees planted within angle parking cut out of the blacktop. Since the building had to be placed 40 feet closer to North Central Avenue due to an administrative decision by the Planning Department regarding Mill Creek, their drive-through area has been restricted. The City of Kent has provided sweet gum trees 30 feet apart in front of the vehicle display area. He felt that if he staggered the planting of sweet gum trees every 30 feet, the trees would be 15 feet apart, which he felt was impractical , unattrac- tive, and their growth would be out of control in 30 years. He added that the poplars behind the building needed to be topped before they fell onto the build- ing. Landscaping has been added by the applicant in areas where it was not required by the code, because he felt that this would add to the attractiveness of the site. Discussion followed regarding the landscaping. -2- Kent Board of Adjustment Minutes September 8, 1987 Mr. Scarff asked if he could use wheel stops in place of continuous curbing. Discussion followed. Mr. Scarff explained that a large underground vault had been installed by the power company and that it interfered in the area in which otto luykens is required around the sign. Discussion followed. Mr. Hansen explained that in order to get a 20 percent setback reduction along the creek, shading vegetation was required along the creek. Street trees were required in addition to whatever trees were supplied by the city. Mr. Hansen explained that the Planning staff had compromised within its,, administrative and legal bounds. Mr. Flue MOVED that the public hearing be closed. Ms. Carroll SECONDED the motion. Motion carried. Ms. Carroll MOVED that the Board adjourn for *an executive session. Mr. Flue SECONDED the motion. Motion carried. Ms. Carroll MOVED that Request # 1 , regarding curbing along the southerly property line, be DENIED on the basis that it would constitute a grant of special privilege inconsistent with limitation upon uses of other properties in the vicinity; that there was no necessity for this variance because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property; that the curbing would be more attractive than the individual stoppers. Mr. Jarvis SECONDED the motion. Motion carried unanimously. Ms. Carroll MOVED that Request #2, regarding shading vegetation, be DENIED on the basis that the variance would constitute a grant of special privilege incon- sistent with the limitation upon uses of other properties in the vicinity;- that it was not necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property; that it would be materially detrimental to the public welfare since shading vegetation is neces- sary to protect the environment along the creek. Mr. Flue SECONDED the motion. Motion carried unanimously. Ms. Carroll MOVED that Request #3, regarding the required landscaping island in the new sign area, be DENIED on the basis that it would constitute a grant of special privilege inconsistent with limitation upon other uses of other proper- ties in the vicinity; that it was not necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property. Mr. Jarvis SECONDED the motion. Motion carried unanimously. Ms. Carroll MOVED that Variance #4, regarding the required cutouts and trees along Central Avenue, be APPROVED; that this did not constitute a grant of special privilege because the trees which had already been planted by the City of Kent gave sufficient screening along North Central Avenue. The addition of another set of trees would not be necessary. The variance was necessary because of the necessity to reposition the new structure 40 feet closer to the street. The granting of this variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone -3- Kent Board of Adjustment Minutes September 8, 1987 in which the subject property is situated. Mr. Flue SECONDED the motion. Motion carried unanimously. Ms. Carroll MOVED that Variance #5, which requested juniper tams be substituted as groundcover for the required otto luykens, be APPROVED based on the fact that the variance would not constitute a grant of special privilege inconsistent with limitation upon uses of other properties in the vicinity. The Board felt that retail automobile businesses should not have such obscuring landscaping and that this could be detrimental to the business as well as to the community. Because of the topography of the land and the nearness to Mill Creek, the structure had to be moved 40 feet toward the street. The granting of this variance would not be materially detrimental to the public welfare or injurious to properties in the vicinity. Mr. Jarvis SECONDED the motion. Motion carried unanimously. ADJOURNMENT Mr. ,Flue MOVED and Mr. Jarvis SECONDED the .motion to adjourn the meeting. Motion carried. The meeting was adjourned at 9:40 p.m. Respectfully submitted, r JJam Harrit, Sdcretary -4-