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Home My WebLink AboutCity Council Committees - Planning and Economic Development Committee - 04/04/1994BOARD OF ADJUSTMENT MINUTES April 4, 1994 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Jack Cosby on the evening of Monday, April 4, 1994, at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Chair Walter Flue Doug Gesler CITY STAFF MEMBERS: Fred N. Satterstrom, Planning Manager Armin Quilici, Planner Chris Holden, Recording Secretary APPROVAL OF THE BOARD OF ADJUSTMENT MINUTES It was MOVED and SECONDED and APPROVED to accept the January 3, 1994 minutes as written. Mr. Satterstrom reported that there would be a Board of Adjustment meeting on June 6, 1994. The applicant was Schneider Homes. Doug Gesler explained he would be out' of town for two weeks in June. At that time it was discussed that two new Board members need to be appointed in order to have a quorum in June. The public hearings were opened with the administration of the oath. SEA TAC TRANSMISSION #V-94-1 This request was for a variance from Section 15.04.104(E)(5) which requires a 20 -foot rear yard setback when a commercial development abuts a residential district. The accessory parts storage building would intrude into the 20 -foot rear yard setback area. Mr. Satterstrom presented the staff report. He reiterated the applicant's request. Some transparencies were shown depicting: 1) location and zoning of the site and surrounding area; 2) location of the addition to the storage shed. The size of the proposed addition would be 2,400 square feet. He commented that the applicant only needs a variance for that area located next to the MRH, High Density Multifamily Residential, E-1 Board of Adjustment Minutes April 4, 1994 zone. Mr. Satterstrom presented the three criteria that must be considered when reviewing a variance request and the Planning Department staff findings. Staff recommended approval with the following conditions: 1. A lot line adjustment shall be submitted to the City Planning Department for approval prior to issuance of any development permit for expansion of the accessory building. Said lot line adjustment shall delete the lot line which bisects the Sea Tac Transmission site. 2. A recreation easement over the westerly ten feet of the Sea Tac Transmission site shall be granted to the City of Kent. This easement shall be approved by the Kent Parks Department and shall be completed prior to issuance of any development permit for expansion of the accessory building. 3. The owner shall submit a current title report showing that the area within the proposed setback variance is not encumbered by any easements for utilities (i.e., water, sewer, storm drainage) or ingress or egress. This report shall be submitted in conjunction with and at the same time as a development permit for expansion of the accessory building. The applicant was asked to comment. Pat McAllister, applicant, reported that he had already contacted the Parks Department, and the ten -foot easement requested by the Parks Department is primarily for an easement purpose. He had no further testimony. There was no further public testimony. Commissioner Gesler MOVED that the variance sought by Sea Tac Transmission be granted subject to the three conditions requested by the City. The conditions are: 1. A lot line adjustment shall be submitted to the City Plannir Department for approval prior to issuance of any developmei._ permit for expansion of the accessory building. Said lot line adjustment shall delete the lot line which bisects the Sea Tac Transmission site. 2. A recreation easement over the westerly ten feet of the Sea Tac Transmission site shall be granted to the City of Kent. This easement shall be approved by the Kent Parks Department and shall be completed prior to issuance of any development permit for expansion of the accessory building. K i Board of Adjustment Minutes April 4, 1994 3. The owner shall submit a current title report showing that the area within the proposed setback variance is not encumbered by any easements for utilities (i.e., water, sewer, storm drainage) or ingress or egress. This report shall be submitted in conjunction with and at the same time as a development permit for expansion of the accessory building. The motion was SECONDED and APPROVED. The variance was granted with conditions. LAUKALA VIEW VARIANCE #V-94-2 A request to modify condition 2 of #V-93-3 which states, "The maximum allowable building height above street grade at 45th Place South shall be twelve feet. This could be accommodated by a flat roof; however, a pitched roof is acceptable as long as the roof's highest point is no more than twelve (12) feet above the adjacent street grade." The applicant is requesting that the condition be changed to allow 15 feet above grade. Armin Ouilici, Planning Department, presented the staff report. He reiterated the applicant's request to modify c6ndition 2 of #V-93-3. Mr. Quilici showed some transparencies depicting: 1) the location of the site and 2) zoning of the site and surrounding area. Mr. Quilici briefly outlined the previous request and the reason why the applicant is requesting a variance to increase the 12 feet above grade to 15 feet above grade. The Planning Department has recommended approval with the following conditions: 1. The maximum allowable building height above street grade at 45th Place South shall be fifteen (15) feet, measured from the street grade to the highest point of the roof. 2. Any approval of this variance is tied directly to the site plan and site section submitted as part of this application. Any significant changes to the site plan or site section tha' are not tied to the conditions of this variance will requir a new variance hearing. 3. Any approval of this variance is tied directly to the conditions set forth in #V-93-3, the Laukala Variance, except for condition no. 2. Failure to meet those conditions will require a new variance hearing. 4. Any approval of this variance is tied directly to the conditions set forth in STV -93-2, the 45th Place South Street Vacation. Failure to meet those conditions will require a new variance hearing. 3 Board of Adjustment Minutes April 4, 1994 { Marvin Laukala, applicant, commented that at the time he asked for the first variance, his builder told him that all that was needed was 12 feet above grade. However, after further checking the site, unless the house is moved down the hill, which is infeasible, or had a flat roof, 12 feet above grade is not enough. Since a flat roof would be impracticable in the northwest, Mr. Laukala is requesting three more feet above grade, or 15 feet. The house would be more attractive with the 15 feet above grade. Mr. Laukala spoke to some of the neighbors, and none of them had a problem with the requested increase. Mr. Ouilici had received a letter from a neighbor, Mr. Little. He read the letter into the record. Mr. Satterstrom commented that every time there's a request for a variance, the surrounding neighbors are notified by mail. Furthermore, a public notice board with information concerning this hearing is also posted on the site, so that the surrounding neighborhood is well informed about this request. Arnold Green, neighbor, adjacent downslope from this property, stated that he is in favor of the proposed construction. He commented that there are several large trees in the area that are higher than this proposed 15 -foot -above -street -level request. Commissioner Gesler MOVED that the variance request by approved with the following conditions: 1. The maximum allowable building height above street grade at 45th Place South shall be fifteen (15) feet, measured from the street grade to the highest point of the roof. 2. Any approval of this variance is tied directly to the site plan and site section submitted as part of this application. Any significant changes to the site plan or site section that are not tied to the conditions of this variance will requir, a new variance hearing. 3. Any approval of this variance is tied directly to the conditions set forth in #V-93-3, the Laukala Variance, except for condition no. 2. Failure to meet those conditions will require a new variance hearing. 4. Any approval of this variance is tied directly to the conditions set forth in STV -93-2, the 45th Place South Street Vacation. Failure to meet those conditions will require a new variance hearing. 4 Board of Adjustment Minutes April 4, 1994 The motion was SECONDED and APPROVED. The variance was granted with conditions. ADJOURNMENT A MOTION was made and SECONDED to close the public hearing. The motion was APPROVED. The hearing was adjourned at 8:15 p.m. Respectfully submitted, ame P. Harris, Secretary E.1