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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 02/01/1993 KENT BOARD OF ADJUSTMENT MINUTES February 1, 1993 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Raul Ramos on the evening of Monday, February 1 1993, at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Raul Ramos, Chair Ron Banister, Vice Chair Berne Biteman Jack Cosby Walter Flue CITY STAFF MEMBERS: James P. Harris, Planning Director Janet Breed Shull, Planner Lois Ricketts, Recording Secretary CITY ATTORNEY: Roger Lubovich APPROVAL OF THE DECEMBER 7 , 1922 BOARD OF ADJUSTMENT MINUTES Mr. Biteman MOVED that the minutes of the December 7, 1992 meeting be approved as written. Mr. Cosby SECONDED the motion. Motion carried. Roger Lubovich presented to the Board the Criteria, for Granting a Variance as set forth in a memorandum to the Board ,from the Office of the City Attorney. The criteria are the same as stated in the state statute. The Board must make findings on these cr�_tieria before they can grant a variance. He pointed out that the code prohibits use variances, those which seek a variance on a use that is not specifically permitted in a zoning district. The burden is on the applicant to show satisfaction of ordinance and statutory standards for a variance request. Chair Ramos administered the oath to all who intended to speak. LLEWELLYN PARKING VARIANCE - #V-92-5 Ms. Shull presented the applicant's request for a variance from Section 15. 05. 070(B) of the Kent Zoning. Code, that is the maximum surface parking requirement of no more than three stalls per 1, 000 square feet of gross floor area in the DCE, Downtown Commercial Enterprise, district. The subject property is located at 623 West Meeker Street. Five surface parking stalls for this property are allowed. The applicant is requesting a variance to allow up to 16 parking stalls. The applicant is requesting 12 stalls with four Kent Board of Adjustment Minutes February 1, 1993 additional stalls for proposed future parking needs. The lot has frontages on both West Meeker and West Harrison Streets. Economic Goal 4 , Objective 1, Policy 3 encourages the use of established off- street parking areas rather than creating more small private lots. The purpose of the DCE zoning district is to encourage and promote higher density mixed-use development while enhancing the pedestrian- oriented nature of the downtown. Staff is trying to encourage the use of existing parking areas, on-street parking and public lots, and to encourage more intensive use of downtown Kent's limited land resources. 1. The variance shall not constitute a grant of special privilege 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. Staff feels that if the Board approves this variance, this would constitute a grant of special privileges. Non- residential development in the DCE district is subject to the surface maximum parking requirement. Any adjacent development which was permitted prior to adoption of ordinance 3050, which was the ordinance which implemented the DCE district regulations, would not have been subject to the maximum requirements. However, all subsequent development must conform to the latest version of the Kent Code. The applicant felt that uses adjacent to the site have more parking than is allowed on this site. Properties in the two-block area around the proposed site had a range from .5 stalls per 1, 000 square feet to 6 stalls per 1, 000 square feet, which is greater than currently allowed. The request is for 9 stalls per thousand square feet, which is more than exists on any of the adjacent properties. Staff felt that granting of this variance would be a grant of special privilege. 2 . such a variance is necessary, because of 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. Staff could find no special circumstances relating to this site. The purpose of the variance is to provide the applicant with an avenue to seek relief where practical difficulties and unnecessary hardships and results inconsistent with the general purposes of the zoning code might result from the strict application of certain 2 I Kent Board of Adjustment Minutes February 1, 1993 provisions. The applicant has failed to indicate where the applicant shall experience any of the above-mentioned conditions by complying with the maximum parking requirement for the DCE zone. The applicant has only indicated a preference for more parking. Without a clear finding of uniqueness or special hardship, by granting this variance staff would be communicating lack of support of maximum surface parking which was specifically adopted to discourage on-site parking development. That was the specific intent of the legislation. 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. Public Works Department felt that since the same number of vehicle trips would be generated whether or not the parking was provided on the site, there would be no increase in pollutants generated and therefore would pat, be materially detrimental to the public welfare. If the ::variance were approved, on-site detention of stormwater,would be required in accordance with Kent standards. Staff recommended denial of this variance request. Morgan Llewellyn, representing John and Jill Bianco,, stated that they are currently operating a chiropractic clinic at Second and Gowe and have been in Kent for ten years. The intent of the ordinance was to encourage a pedestrian-oriented environment, but this would not be forced on new developments. He felt that the market should determine what is going to happen. He felt there should be an orderly progression to the high density vision for downtown Kent. The application requests 12 parking stalls. The additional four are shown as proposed in case they are needed in the future. The development would not be able to function with five stalls because the chiropractic business needs easy access for its patients. When a patient has a bad back, this patient wants to get as close to the front door as possible. He felt the code needs to be flexible and that this particular portion of the code would have an adverse impact on the development of Kent. He felt it would be imposing the Growth Management Act too early. Forcing a pedestrian-oriented development before the density is in the area would kill incentive for investment in downtown Kent. He felt Kent needs an interim step to allow some development before it gets to the point where the interim development will allow the demand to catch up, and as the demand catches up and Kent gets the density, then Kent can have a pedestrian-oriented site. The intent of the task force was to loosen the development standards, 3 Kent Board of Adjustment Minutes { February 1, 1993 not to further restrict them. The intent of the ordinance was to spur development in downtown Kent. The building is appropriate except for the amount of available parking. The applicant will comply with Public Works requirements and other current development standards. Parking congestion in the immediate area was discussed. The driveway would be directly across from the Senior Housing. Discussion followed. Berne Biteman MOVED to close the public hearing. Walter Flue SECONDED the motion. Motion carried. Mr. Cosby MOVED that the request be granted for twelve parking stalls because it does not constitute a grant of special privilege, that the variance is necessary because of special circumstances relating to size, shape, topography location, and will not be materially detrimental to the public welfare or injurious to property improvements. The Board felt that they have the authority to grant a variance for practical difficulties, where practical difficulties unnecessary hardships, and results inconsistent with the general purpose of the code would result in the strict application of the provisions. Mr. Biteman SECONDED the motion. Motion carried unanimously. ELECTION OF OFFICERS Chair Ramos stated that he was planning to resign from the Board of Adjustment. Mr. Biteman MOVED that Jack Cosby serve as chairman for 1993. Mr. Flue SECONDED the motion. Motion carried. Mr. Banister MOVED that Berne Biteman serve as vice chairman for 1993 . Mr.Cosby SECONDED the motion. Motion carried. ADJOURNMENT Mr. Cosby MOVED that the meeting be adjourned. Mr. Biteman SECONDED the motion. Motion carried. The meeting was adjourned at 8: 17 p.m. Respectfully submitted, J es . Hart-is, Secretary 4