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HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 12/06/1993 CITY OF ���� DaivKelleher,Mayor Laurence A.(Tony)McCarthy,Jr.,Chief Administrative Officer '1 r • AGENDA BOARD OF ADJUSTMENT December 6, 1993 BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Chair Berne Biteman, Vice Chair Ron Banister Walter Flue Doug Gesler CITY STAFF MEMBER: James P. Harris, Planning Director This is to inform you that the scheduled meeting of the Kent Board of Adjustment will take place on Monday, December 6, 1993, at 7 p.m. in Kent City Hall, City Council Chambers West. 1. Call to order 2 . Roll Call 3 . Approval of November 1, 1993 Board of Adjustment minutes 4 . Added items to agenda 5. Administration of Oath 6. Variance: LAUKALA VARIANCE #V-93-3 (AO) The applicant requests a variance from the following sections of the Kent Zoning Code: 15. 04 . 020 (H) (5) (d) - the maximum allowable building height 15. 08. 060 (B) (2) (a) - view regulations on hillside development 15. 08 . 224 (A) (4) (a) - the maximum allowable impervious surfaces for development in hazard areas LEISURE SUPPLY VARIANCE #V-93-4 (LP) (1) Request for a variance from Zoning Code Section 15.08.050 to reduce the required 1/4 mile (1320 feet) setback from the Interurban Trail for storage of hazardous materials exceeding 20, 000 pounds. (2) Request for a variance from Zoning Code Section 15. 08.224 to reduce the required 50-foot setback for impervious • surfaces from the Mill Creek drainage channel. 220 4th AVE.SO., /KENT.WASHINGTON 98032 5895/TELEPHONE (206)859-3300/FAX#859-3334 { BOARD OF ADJUSTMENT MINUTES December 6, 1993 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Jack Cosby on the evening of Monday, December 6, 1993 , at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Chair Berne Biteman, Vice Chair Ron Banister Walter Flue Doug Gesler CITY STAFF MEMBERS: Fred Satterstrom, Planning Manager Linda Phillips, Planner Armin Quilici, Planner Lois Ricketts, Recording Secretary Gary Gill, City Engineer Marvin Berg, Assistant Fire Chief APPROVAL OF THE BOARD OF ADJUSTMENT MINUTES Mr. Flue MOVED that the minutes of the November 1, 1993 meeting be approved as written. Mr. Banister SECONDED the motion. Motion carried. Chair Cosby administered the oath to all who intended to speak. LAUKALA VARIANCE #V-93-3 Armin Quilici presented the applicant' s request for variances from the height limitation, view regulations and impervious surfaces for development in a hazard area . The applicant is proposing to build a three-story single family home on his vacant lot at 252XX 45th Place South, which is zoned Single Family Residential . This proposed home is considered to be a three-story structure because the applicant is unable to sufficiently bury his basement into the ground to qualify it as a basement. He will need a variance from the view regulations because the structure would encroach eight feet into the horizontal view angle. If he were not to encroach into the view angle, he would be able to build only approximately four feet in height above the elevation of 45th Place South. He will also need a variance from the maximum impervious surface allowed on hazard area. His property slope ranges from 40-55 percent. This qualifies as a severe hazard area. No impervious surfaces are allowed in severe hazard areas. The applicant proposes to cover approximately 25 percent of the site with t• Kent Board of Adjustment Minutes December 6, 1993 impervious surface. The variance would not constitute a grant of special privileges because the applicant is proposing a structure similar to those in the surrounding area. This is a unique site. The other sites in the area have a slope of less than 18 percent. The special circumstance is topography which necessitates a variance from the impervious surface regulation because of the severe slope. The+ view corridor severely restricts development on the property. Mr. Satterstrom explained that if the structure were constructed down slope so that it would be out of the view corridor, then street access would be difficult. If there is access at the street level, the height of the structure could only be four feet if strict applicationlof the code is required. If the structure has street access, it would encroach eight feet into the horizontal view angle. He felt that the structure should be able to have access to the street and not be required to be pushed down slope. Mr. Quilici continued to explain that the slope is so steep that it is impossible for the basement to be imbedded into the ground far enough. Because of this, the basement would be considered a complete story. 'The granting of this variance would not be materially detrimental to the public welfare or injurious to the property improvements in the vicinity as long as the conditions are met in the construction of this home. The Planning Department recommends approval on the following conditions: 1. 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, with the exception of the building elevation which needs to be altered to reduce view obstruction, may require a new variance hearing. The+ Planning Director shall be responsible for making this determination 2 . The maximum allowable building height above street grade at 45th Place South shall be twelve (12) 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. 3 . The conditions set forth in STV-93-2 , the 45th Place South Street Vacation, shall be met prior to the issuance of any development permit. 4 . Prior to the issuance of any development permit (including grade and fill, building or other permit) a detailed engineering/geotechnica1 analysis and report shall be prepared which evaluates soil conditions, slope stability, potential 2 I • Kent Board of Adjustment Minutes December 61 1993 impacts of surface water runoff and groundwater, erosion and sedimentation problems, etc. All development activity shall be in strict compliance with the design requirements and recommendations of the professional engineer(s) responsible for conducting the above analysis and design report as approved by the City. 5. Drainage control measures shall be incorporated which collect and discharge all surface water runoff from impervious surfaces, footing drains and downspouts into tight line drain lines which connect into a public drainage system at a non- erodible location. If determined necessary by the City, off- site extensions of the public drainage system may be required to accomplish the above . 6. Temporary erosion and sedimentation control measures shall be implemented prior to any excavation and grading of the site. 7 . The disturbed portion of the property shall be minimized to the building footprint and any necessary accessways, underground utilities, drains, etc. The rest of the property shall remain in an undisturbed natural condition. • 8 . Significant trees, as defined in Section 15 . 08 . 240, which are not within the proposed building footprint shall be retained. Prior to the issuance of any development permit a tree plan shall be prepared and submitted for review by the City. Robert Sandwick, attorney representing Marvin Laukala, stated that the applicant plans to reside in this home, and he felt the proposed conditions are reasonable. Mr. Laukala has owned the property for 25 years and has contributed to the street improvements during this period. Arnold Green, an owner down hill and adjacent to the proposed site, agreed that the site has a severe slope (35 feet drop) and he was concerned that surface water containment be addressed. His driveway is built on fill, and if pile driving were required in order to build footings, he felt the vibration could cause slippage and break up of the asphalt in his driveway. Mr. Sandwick stated that there is no pile driving contemplated at the present time, and if this situation came up, there would be coordination between the attorney and neighboring the property owners. Mr. Satterstrom added that Condition 4 was included to ensure that the building stay on the hillside. He suggested that a note be • made of this concern so that when the City reviews the soils report and if pilings were recommended, the City could specifically 3 Kent Board of Adjustment Minutes December 6, 1993 ' request an analysis to determine if those impacts would travel off site. Mr. Cosby expressed concern about the potential pilings and possible problem 'created. Mr. Satterstrom iassured him that the City would look at the severity of the problems and consider alternate methods. He felt there should be communication with the property owners during the decision-making process. Mr. Gesler asked why the study hadn 't been completed before this hearing. Mr. Satterstrom responded that variances are categorically exempt from SEPA. There are still sufficient steps before a permit is issued to assure that the neighbors and the public are informed of development on the site. Mr. Gesler MOVED that the variance be approved with conditions as it was presented in the staff report. Mr. Biteman SECONDED the motion. Motion carried unanimously. LEISURE SUPPLY VA$IANCE #V-93-4 Linda Phillips presented the request by applicant, Stuart Sulman, for owner, Don Arntzen, to construct a 31, 000 square foot warehouse and distribution building for Leisure Supply Co, a supplier of hot tubs and chemicals'. The request is for a variance from Zoning Code Section 15. 08 . 050 to reduce the required 1/4 mile (1320 feet) to an 800-foot setback from the Interurban Trail for storage of hazardous materials exceeding 20, 000 pounds. The second varian6e request stated in the staff report has been deleted by request of the applicant. This was a request for a variance from zoning Code Section 15. 08 . 224 to reduce the required 50-foot setback for impervious surfaces from the Mill Creek drainage channel. A second site plan showed that the applicant will be able to place the building and have the area for parking and other facilities that were needed without encroaching on the required 50-foot setback from the Ordinary High Water Mark. The site is located at 21077 77th Avenue South in M3 , General Industrial, zoning district. M3 is the only zone in which hazardous materials are allowed with a conditional use permit. Planning staff has determined that the variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity. Other hazardous waste substance land uses are located in the general vicinity of the subject site, including the Crosby-Overton facility 4 rt • Kent Board of Adjustment Minutes December 6, 1993 to the south. These existing facilities do not maintain the 1/4 mile setback from public parks (such as the Interurban Trail) . Therefore, the granting of this variance would not constitute a special privilege to this site. There are special circumstances relating to the size shape, topography, location or surroundings of the subject property. The depth of the lot (321 feet at the south property line and 277 feet at the north property line) is relatively shallow for commercial warehouse use. In order to accommodate the required truck maneuvering area, a setback of approximately 1/3 of the depth of the property is required. Much of the Leisure Supply site is located within 1/4 mile of the Interurban Trail, and therefore special circumstances do exist with respect to this setback requirement. Public Works engineers and Planning Department staff are in agreement that the reduced setback from the bank of Mill Creek is not appropriate unless the shading vegetation requirement of Section 15 . 08 . 224 .D. 2 is met. The area which should be vegetated is shown with drainage works and stormwater storage on the site plan submitted with the application. To respond to safety requirements, the proposed storage methods and location should ensure that the granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. • Staff recommends approval of Variance #V-93-4 with the following conditions: Prior or in conjunction with any application for a development permit for the subject property, the applicant shall submit a detailed site plan which shows the following: 1. Significant shading vegetation existing or to be planted within the proposed 50-foot setback from the high water mark of Mill Creek, subject to review and approval by the Departments of Public Works and Planning. 2 . The location of storage provisions as required by the 1991 Edition of the Uniform Fire Code in particular Article 80, subject to review by the Fire Department. 3 . A survey stamped by a registered surveyor showing the Ordinary High Water Mark and top of bank of Mill Creek. Ms. Phillips noted that the 1988 Edition of the Uniform Fire Code mentioned in the staff report should have been the 1991 Edition of the Uniform Fire Code. Mr. Satterstrom explained that the Planning Department recently received the revised site plan and made the decision today that the • second variance request was not needed. The third condition stated above was added to Conditions 1 and 2 that appeared in the staff report. 5 Kent Board of Adjustment Minutes December 6, 1993 Gary Volchok, CBCommercial, 1420 Fifth Avenue South, Suite 1700 Seattle, WA 9810111 representing Construction and Stuart Sulman, Leisure Supply, stated that he is in agreement with the City of Kent recommendations. He commented that the creek is not located on the applicant ' s property. The additional landscaping for the shading of the creek was suggested because the applicant has desired to construct in the area less than 50 feet. The applicant has agreed to 50-Moot setback so that there could be a 15-foot roadway along the 'ditch for possible cleaning out the creek at a later time. Leisure Supply has been located in an M3 zone within Kent for the past ;five years . Mr. Berg stated that Fire Department personnel have not been called to Leisure Supply' s present site for any fire calls. The new facility would allow them to store all their materials in containment rooms.' About 10 percent of their business involves chemicals. The remaining business involves hot tub and pool supplies. He pointed out that the Interurban Trail came after the City zoned the area for heavy industrial uses. Gary Gill, City (Engineer, stated that the only Engineering Department requirement is for a 15-foot easement which would provide access for future maintenance of the creek if it ever becomes the respontibility of the City. The King County Drainage District is responsible currently for this maintenance, but in the future the City of Kent wants to have an easement so there would be access rights to the creek, if needed. Vegetation as it currently exists is preferred at the edge of the creek. Dredging the creek would only take place if there is an extreme problem. The City wants it to be left undisturbed. The Engineering Department would try to capture the silt and sediments that come off the hillside. Don Miles, Engineer, has been working with Bill Wolinski in the Public Works Department to establish the survey of record regarding the Ordinary High Water Mark. They have agreed where the facility will be sited and have agreed to the 50-feet setback. Fifteen feet will be left in a flat condition with small trees as it currently exists. Mr. Satterstrom added that the area within the 50-foot area that is disturbed during construction should be replanted. Mr. Miles added that the area from the building to the 15-foot roadway will contain biofiltration swales and storm drainage channels which will direct the water towards the drainage canal. There will be wetland plants in the drainage area, and the slopes will be planted in grass . Gesler MOVED that the variance requested be granted to reduce the required 1, 320-foot" setback to 800 feet from the Interurban Trail for storage of hazardous materials exceeding 20, 000 pounds. The 6 • Kent Board of Adjustment Minutes December 6 , 1993 Board agreed to accept the following staff recommendations: (2) The location of storage provisions as required by the 1991 Edition of the Uniform Fire Code in particular Article 80, subject to review by the Fire Department; (3) A survey stamped by a registered surveyor showing the Ordinary High Water Mark and top of bank of Mill Creek. Mr. Banister SECONDED the motion. Motion carried unanimously. Mr. Flue MOVED that the meeting be adjourned. Mr. Biteman SECONDED the motion. Motion carried. The meeting was adjourned at 8 : 57 p.m. Res e tfully submitted, James P. Harris, Secretary • • 7