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.
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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.
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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
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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
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