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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/06/1989 BOARD OF ADJUSTMENT MINUTES November 6, 1989 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Robert Jarvis on the evening of Monday, November 6, 1989 at 7:30 p.m. in the Kent City Hall, City Council Chambers. BOARD OF ADJUSTMENT MEMBERS PRESENT: Robert Jarvis, Chairman Beth Carroll Jack Cosby Walter Flue CITY STAFF MEMBERS PRESENT: Kathy McClung, Senior Planner Lauri Anderson, Planner Lois Ricketts, Recording Secretary APPROVAL OF THE SEPTEMBER 11, 1989 BOARD OF ADJUSTMENT MINUTES Mr. Cosby MOVED and Mr. Flue SECONDED the motion to approve the September 11, 1989 minutes as printed. Motion carried. Chairman Jarvis administered the oath to all those who intended to speak. CHILCOATE GARAGE SETBACK 4V-89-1 Lauri Anderson presented the request for a variance from the five- foot side yard setback and 20-foot front yard setback requirements of the Kent Zoning Code. The property is located at 905 East Guiberson. The site is on the north side of Guiberson Street, is zoned R1-7 .2, Single Family Residential. The house was built in 1970; however, the carport was constructed in early 1989. The applicant submitted a building permit application for the already constructed carport. A residential carport is a permitted use as an accessory structure in this zoning district. The only deviation from the zoning code requirements is the setbacks. The side yard setback varies from 1.5 to 2.8 feet. The required side yard setback is five feet. The carport is only 9.3 feet from the front property line. The required setback is 20 feet. According to the Fire Department setbacks of 2 to 4 feet increase the chances that a structure may suffer fire damage if the neighboring lot catches fire. Alexander Avenue goes through the northern portion of the block and dead ends near the northern line of the applicant's property. If this street should be constructed in the future, the carport with its current setbacks would fall in the middle of the site 0 Kent Board of Adjustment Minutes November 6, 1989 distance triangle, which is the area the traffic engineering department uses to determine safety for vehicles approaching an intersection. The city has no current plans for extension of this street. Three criteria must be considered before granting a variance request. The first criterion states that the variance shall not constitute a grant of special privilege. Other single family residences and accessory structures in the area comply with the city's zoning requirements. Since the Chilcoate carport was constructed without a building permit, the applicant was not informed of the setback requirements. The second criterion states that such a variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings, etc. The hardship in this case is that the garage structure is completely built except for the end caps and paint. The third criterion states that the granting of such a variance will not be materially detrimental to the public welfare. Although the lot to the west of the carport is city-owned right of way and currently is not improved, the granting of this variance could adversely impact future development of that property. If the street were vacated, the side yard setback would no longer be an issue; however, there would still be concern over the very small front yard. Residents in the immediate area will likely be impacted from an aesthetic standpoint. Gary Chilcoate, 905 East Guiberson, stated that he designed his carport by looking at neighboring structures. He added that three contractors gave him bids on his carport and that none of the contractors told him that he had a setback problem. He built the carport himself. After receiving a notice on his door, he checked with the Building Department regarding the required permit. He pointed out that there are 12 motor homes or campers in the front area of homes in the immediate neighborhood, and that he felt a carport was more aesthetically appealing than blure tarps over vehicles. He submitted a petition signed by his neighbors stating that they had no objection to the location or aesthetics of the new carport and that they did not want Alexander Street to be joined to Guiberson or extended any further in a southerly direction because of potential traffic problems. Seven years ago the neighbors signed a petition stating they did not want Alexander improved in any way. This is currently on file with the City Clerk. He submitted pictures of properties within one block of his house showing what he felt was construction on the property lines. He has planted numerous rose bushes, gladiolus, azaleas and flowering trees in an attempt to make his site more aesthetically attractive. He pointed out that the carport area was covered with asphalt more than ten years ago. He has lived on the' site three years. 2 Kent Board of Adjustment Minutes November 6, 1989 Mr. Cosby stated that the owner of the structure at ,the corner of Vandevanter and Guiberson had requested the variance, before the structure was built. Ms. Anderson stated that Scenic Hill is one of the oldest neighborhoods in the city and that there may be ,nonconforming structures, but the new house that she checked met the 20-foot building setback. Discussion followed regarding the three criteria that must be met in order to grant a variance. Ms. Carroll MOVED to close the public hearing. Mr. Cosby SECONDED the motion. Motion carried. Ms. Carroll pointed out that the rules for granting a variance were the same for carports whether they were constructed or planned to be constructed. She felt that a street vacation would greatly reduce the problem in applying for a variance. The Board members adjourned for executive session, Mr. Cosby abstained from voting because of a possible conflict of interest. After reconvening, Chairman Jarvis stated that the Board denied the request. The Board recommended that the applicant pursue a street vacation and return to the Board of Adjustment with another application when this has been completed. He could not guarantee the result of a second request but felt this would be a positive approach to the situation. Discussion followed regarding the time requirement of a street vacation request. Chairman Jarvis added that there would be findings of fact. ADJOURNMENT Mr. Flue MOVED to adjourn the meeting. Mr. Corby SECONDED the motion. Motion carried. The meeting was adjourn at 8:40 p.m. Respectfully ,submiitted, Jam P. Harris.' Secretary 3