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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 09/14/1992 0 0 J KENT BOARD OF ADJUSTMENT MINUTES September 14, 1992 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Jack Cosby on the evening ,of Monday, September 14, 1992, at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Chair Berne Biteman Raul Ramos Ron Banister, excused Walter Flue, excused CITY STAFF MEMBERS; Fred Satterstrom, Planning Manager Laura Yeats Quilici, Planner Lois Ricketts, Recording Secretary APPROVAL OF THE JULY 6, 1992 BOARD OF ADJUSTMENTNI,NUTES Mr. Biteman MOVED that the minutes of the July 6, 1992 meeting be approved as written. Mr. Ramos SECONDED the motion. Motion carried. Chair Cosby administered the oath to all who intended to speak. HOLM VARIANCE - #V-92-2 Ms. Yeats Quilici presented the request of James Holm for a variance from the minimum lot requirements of the .Kent Zoning Code in Section 15. 04.020 (H) . The lot is 66 feet wide, and the required width is 70 feet. The lot is currently developed with a single family dwelling. The applicant would like to subdivide the 42, 372 square foot lot into two lots in order to construct , an additional residence. The subject property is located at 23020 94th Avenue South and is zoned R1-7 .2, Single Family Residential. The minimum lot size permitted is 7,200 square feet. Unincorporated King County is located immediately north of the subject property and is zoned SR 9,600 with a minimum lot width of 70 feet. $ecause the lot currently does not meet the minimum development standards of the zoning district, the lot is considered "nonconforming". Land use in the vicinity is single family residential. To the north in King County, are two large lots, one vacant and one developed with a single family residence. The area to the south apd West has been subdivided and developed with single family residences. To the east is a City of Kent water tank. Sewer and water are available to the property. The proposed residence would have access to 94th Avenue South via an easement from South 240th Street. The overall Kent Board of Adjustment Minutes September 14, 1992 goal of the Housing Element of the Comprehensive plan is to assure a decent home and suitable living environment for families desiring to live in Kent. The overall goal of the Circulation Element is to establish a balanced, safe and efficient transportation system for all modes of travel. This application, if approved, would impact the quality of existing neighborhoods in several ways. The construction of an additional residence would cause destruction of significant woodlands. The lot has a shallow north-south lot dimension. Construction of a house would impact solar access to the lots to the north. At a maximum, the zoning code, would allow a 24- foot high structure. Creation of an additional .; ot �would cause additional congestion on South 240th Street due to left turns onto the subject property. The following criteria from Section 15. 09. 040(C) of the Kent Zoning Code must be considered before granting a variances; 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. Since the required lot width in the R1-7.2 zoning .digtrict is 70 feet, approval of this variance would be a grant of special privileges since the other properties in the vicinity and zone have been required to have a minimum width of 70 feet. Nonconforming lots are not favored by the zoning code, and it is to avoid injustice that the code allows developments on legally established lots. Section 15. 08. 100E.2 allows a single family dwelling to be erected on any single lot of record even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district, provided that yard , dimension and requirements other than those applying to area an4,/dr ;width of the lot shall conform to the regulations of the underlying zoning district. The nonconforming regulations further state: ". . .nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated � in this code. " (Section 15.08. 100) Approval of this variance would, be against the stated purpose and application of the nonconf orming,; regulations of the zoning code. 2 . Such a variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings,of the subject property, to provide it with use rights and privileges permitted to other- 2 i Kent Board of Adjustment Minutes September 14, 1992 properties in the vicinity and in the zone in which the subject property is located. Due to the shape, the lot is nonconforming. The zoning code has special provisions for nonconforming lots, as stated above in response to Criteria 1, which allowed, without pre udice, a single family dwelling to be erected on the lot. Granting the variance would allow use rights and privileges beyond what is permitted to other properties in the vicinity, the zone, and other nonconforming lots within the City. 3 . That 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 situated. The applicant has proposed access to the new lot- via an access easement, south of the subject property, onto South 240th Street, which is classified as a major arterial. The street has four lanes, a speed limit of 35 mph, and an estimated 27,200 vehicle trips per day. Public Works has stated there is a demonstrated left-turn problem in the vicinity of the subject property as there are no left-turn lanes. The creation of an additional lot will cause additional congestion and a hazardous situation as vehicles attempt left turns from South 240th onto the access easement and from the access easement left onto South 240th Street. Adjoining property owners have expressed concerns over the traffic and dust that would be generated by the use of the easement which currently is not improved. In addition, developed properties to the east of the access easement would then be bound on two sides, and in one case three sides by vehicular roadways. In addition, 'construction of a dwelling would not meet the intent of the solar access regulations of the zoning code which includes preserving the economic value of solar radiation falling on the properties to the north. Staff is recommending disapproval of this variance application. Mr. Ramos asked why access has not been proposed off 94th Avenue South. Ms. Yeats Quilici responded that the original ='application was submitted with a proposal to use the easement. The applicant has indicated that it is possible to provide access= off 94th Avenue South. A minimum of 20 feet is needed. She has mot checked the possibility of the easement nor the dimensions of' the residences with respect to the property lines. During a short plat process a 20-foot easement would be required, and there appears to be sufficient space. 3 Kent Board of Adjustment Minutes September 14, 1992 Mr. Ramos asked if the short plat were approved, would one of the conditions of the short plat be paving the easement. Ms. Yeats Quilici responded that this was correct, but that would not eliminate the left-turn problems onto 240th. Chuck Carlson, 9423 South 240th, expressed concern about the access road if it were blacktopped. would this create a drainage problems for those living to the west of the road. He stated that he lives across from this road, and he is aware of the water runoff and traffic problems. Mr. Biteman asked about the minimum lot length requirement. Ms. Yeats Quilici responded that there is no minimum requirement. Mr. Biteman asked about the solar regulation in relation to this site. Ms. Yeats Quilici responded that solar regulations in the code regulate new construction only. Mr. Biteman commented that whether the house is constructed or not, solar access is a problem. Mr. Ramos asked if the wooded area is fenced off or is open at the present time. Ms. Yeats Quilici said she accessed it easily. James Holm explained that he purchased property from Ray Plueger which provides access to South 240th. on adjacent property 13 houses are accessed onto South 240th. The applicant is requesting approval to put only one house on his 400 foot long lot. Sewer and water can be made available off 94th Avenue South. He pointed out that turning left onto 240th is illegal. He has 80 foot high trees. He has requested approval to build a two-story house, but he is willing to have a one-story house. He felt the peak of the roof would be a maximum of 18 feet. He pointed out that houses on the adjacent property are two stories high, and that those builders were not concerned about solar access. All the trees were removed from the adjacent property before construction of those houses. He said he would not remove any more trees than were absolutely necessary to construct the house. The trees on the eastern side of the property near the water tower and would not be touched. He would be willing to remove trees wherever they present a problem for any neighbors. If he creates dust for the neighbors, he would be willing to pave the drive area. 4 w� Kent Board of Adjustment Minutes September 14, 1992 Jack Cosby asked about access from 94th Avenue South. Mr. Holm responded that he had barely 20 feet, but he was willing to access onto 94th Avenue South. He commented that the City owns an easement to the water tower, but there is no way they could grant a private individual easement, nor did he, want to use that easement. Mr. Biteman asked if you had access to both directions (94th Avenue South or South 240th) , could the City mandate thet there be a right-hand-turn-only lane onto South 240th Street. ' Mr. Satterstrom felt this could be requested. Earl Stone, 9416 South 240th, who lives to the south of the access road, asked if an easement were granted, would. tit allow legal access to the second property. He already has much dust and dirt from the roadway, and he must frequently wash and paint his house. His house receives a large amount of drainage from the new development. He would like to see the water problem addressed before construction begins. He has no objection 'to the applicant's request. Dick Remillard, 23911 Westview Court, had no objection to the variance request. He felt it would not affect oM 'Westview Court area. Ms. Yeats Quilici pointed out the suggested conditions attached to the staff report. Mr. Satterstrom commented that the condition that h&, has submitted would hold the applicant to the request, that the dh a , long, narrow lot would create only one additional lot. If thins jad.lditional lot is permitted through the subdivision process, th6l new residence would be required to meet the solar access regulations of the Kent Zoning Code. Jim Tamble, 23907 Westview �Court, stated that the back of his property fronts the access to the water tower. He VOndered if the applicant could access the property from the back. He pointed out that there is a lot of City truck traffic going through this area and using the back of the water tower site as a dumping ground for clippings and leaves from cleanup. This creates a great deal of noise and dust. Ms. Yeats Quilici explained that the City had responded to the applicant stating that access would not be possible. ' She suggested using 94th Avenue South or the existing easement would create less impact on the wooded area. 5 0 Kent Board of Adjustment Minutes September 14, 1992 Jane Halverson, 23810 94th Av9nue South, owner of the property, said she did not appreciate the dumping, cutting and sawing of branches that is currently taking place. She would like to help the applicant get to the back of his property. Chair Cosby adjourned the Board, to an executive session. After reconvening the meeting, Chair Cosby felt that there may be a problem with dumping by the City, but dealing with this issue was not a function of the Board of .Adjustment. He suggested that the Planning Department research the problem. Mr. Satterstrom responded that he would talk to the Public Works Department about the problem. Mr. Biteman stated that the reasons for granting the variance: 1. The variance does 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 a variance is necessary, because of special circumstances relating to the 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. 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 situated. Mr. Biteman MOVED the variance requested from Section 15. 04.020H of the Kent Zoning Code, Minimum Lot Width, in order to subdivide the lot be granted with the understanding that the three stipulations recommended by the Planning Department be followed. 1. Granting of this variance will allow only one additional lot to be considered for subdivision. 2. If an additional lot is permitted through the subdivision process, the new residence is required to meet the solar access regulations of the Kent Zoning Code. 6 i Kent Board of Adjustment Minutes September 14, 1992 Mr. Biteman felt that this second condition should be eliminated, because the elimination of the trees would increase the solar access. Mr. Satterstrom felt that removing the trees and constructing a building would not have an impact on any of the existing residences. Properties will develop and trees will come down, but he believed it would be buildings that would be the main impediments to solar radiation. Mr. Biteman felt that the trees that would be taken down to build the house should improve the situation rather than be detrimental to it. 3. No trees may be removed without first obtaining approval from the Kent Planning Department Mr. Biteman felt the short plat process would take care of the water problem, the turning access, and the paving. Mr. Ramos SECONDED the motion. Motion carried. Chair Cosby explained that the motion had been made to approve the variance request with conditions one and three only. ELECTION OF OFFICERS Mr. Biteman MOVED that Raul Ramos serve as chairman for the remainder of 1992. Mr. Cosby SECONDED the motion. Motion carried. Mr. Ramos MOVED that Ron Banister serve as vice chairman for the remainder of 1992. Mr. Biteman SECONDED the motion. Motion carried. ADJOURNMENT Mr. Ramos MOVED that the meeting be adjourned. Mr. Biteman SECONDED the motion. Motion carried. The meeting was adjourned at 8:25 p.m. Res ectfully submitted, Ja a P. Harris, Secretary 7