HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 07/06/1992 CITY OF
. AGENDA
BOARD OF ADJUSTMENT
July 6, 1992
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BOARD OF ADJUSTMENT MEMBERS:
Jack Cosby, Chair
Ron Banister
Berne Biteman
Walter Flue
Raul Ramos
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, July 6, 1992 , at 7 p.m. in
the Kent City Hall, City Council Chambers West.
1. Call to order
. 2 . Roll Call
3 . Approval of December 2 , 1991 Board of Adjustment minutes
4 . Added items to agenda
5 . Administration of Oath
6. Variance:
OVERLOOK - PHASE B #V-92-1
Request for a variance from the Kent Zoning Code Section
15. 05. 040 (A. l.c) which states that for multifamily
developments, only garages which are accessed by a
driveway 18 feet in length shall meet the definition of
"parking space" , as required by the zoning code. Garages
without the driveway of required length are permitted but
shall not be counted toward the zoning code parking space
requirements.
7 . Election of officers
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220 4th AVE.SO., 1 KENT,WASHINGTON 98032-58951 TELEPHONE (206)859-3390/FAX#859-3334
KENT BOARD OF ADJUSTMENT MINUTES
July 6, 1992
The scheduled meeting of the Kent Board of Adjustment was called to
order by Chair Jack Cosby on the evening of Monday, July 6, 1992 ,
at 7 p.m. in Chambers West, Kent City Hall.
BOARD OF ADJUSTMENT MEMBERS:
Jack Cosby, Chair
Ron Banister
Raul Ramos
Berne Biteman, excused
Walter Flue, excused
CITY STAFF MEMBERS;
Fred Satterstrom, Planning Manager
Laura Yeats Quilici, Planner
Lois Ricketts, Recording Secretary
APPROVAL OF THE DECEMBER 2 1991 BOARD OF ADJUSTMENT MINUTES
Mr. Banister MOVED that the minutes of the December 2 , 1991 meeting
be approved as written. Mr. Ramos SECONDED the motion. Motion
carried.
Chair Cosby administered the oath to all who intended to speak.
OVERLOOK - PHASE B #V-92-1
Ms. Yeats Quilici presented the request of Tom Ismon for a variance
from Section 15 . 05. 040 (A. l.c) of the Kent Zoning Code which states,
for multifamily developments, only garages which are accessed by a
driveway 18 feet in length shall meet the definition of "parking
space, " as required by the zoning code. Garages without the
driveway of required length are permitted but shall not be counted
toward the zoning code parking space requirements. Overlook
Associates recently began construction of Phase B, an 84-unit
apartment complex, also known as the Court of Flags Apartments, at
the end of 228th Street. The request is for a variance to install
24 garages to replace the already approved 24 uncovered parking
stalls. The garages would be in violation of the zoning code
which requires an 18-foot stacking distance in front of garages in
multifamily developments. The subject property is located at 22804
91st Way South. The site covers approximately five and one-third
acres and is zoned MRH, High Density Multifamily Residential. A
small portion of the site is zoned R1-7 .21 Single Family
Residential, but this section will remain undeveloped. Another
. portion of the site lies in unincorporated King County and is zoned
SR 15, 000. This portion will also remain undeveloped. The subject
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Kent Board of Adjustment Minutes
July 6, 1992
property is located; up-slope or east of Phase A of the Overlook
Apartments which consists of 134 units in 10 buildings.
Undisturbed, steep slopes of native vegetation surround the subject j
property on the north, south and east sides. These slopes are
classified as low, high and severe hazard areas on the City's
Hazard Area Development Limitations Map. The subject property was
annexed in 1958 in a 66-acre annexation. The DNS for Phase A was
issued in July 1989, the building permit was issued in February
1990, and the certificate of occupancy was issued May 1991. Phase
B's DNS (#ENV-90-26) was issued June 1, 1990, with 14 conditions,
and the building permit application received August 24, 1990. No
application plans were "lost" during the review. The building
permit application was reapplied for September 16, 1991 and
building permit was issued May 29, 1992 . Two goals of the
Comprehensive Plan include "Assure a decent home and suitable
living environment for families desiring to live in Kent" and
"Establish a balanced, safe and efficient transportation system for
all modes of travel. " The zoning code amendment adopted in
September 1990 changed the parking requirements for multifamily
developments which incorporated garages. The amendment requires
an 18-foot driveway in front of garages. This amendment arose from
public safety concerns for residents in multifamily developments.
In a study of the problem, cars were found parked abutting garage
doors in an area not intended for parking and were blocking the
drive aisle. This situation inhibits through access for emergency
vehicles as well as general vehicular traffic.
The following criteria from Section 15. 09. 040 (C) of the Kent Zoning
Code must be considered before granting a variance:
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.
In March 1990 the City Council requested the Planning Department to
evaluate existing conditions and investigate options for revising
the parking standards for multifamily developments. This issue
emerged as a result of the apparent lack of parking for existing
multifamily developments. The Planning Department found that
existing parking ratios were inadequate for multifamily
developments. Garages that were incorporated into developments were
often used for storage, office or a workshop rather than for cars.
Garages used for cars often had a second car abutting the garage
door. Often cars were parked parallel to garage doors inhibiting
through access for traffic. In July 1990 the Planning Commission
voted unanimously for an amendment to the zoning code to allow only
garages which are accessed by a driveway 18 feet in length to meet
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Kent Board of Adjustment Minutes
July 6, 1992
the parking requirement. Garages without the driveway would be
permitted but would not be counted toward the parking requirement.
The Commission also requested that the Planning Department work
with the Fire and Police to ensure that parking regulations
regarding fire lanes and emergency vehicles are enforced as
strictly as possible. City Council approved the revisions on
August 21, 1990, and Ordinance 2942 was adopted on September 41
1990. All subsequent development proposals must conform to the
latest version of the development regulations. Since the applicant
reapplied for the building permit on September 16, 1991, subsequent
to the adoption of the zoning code amendment, the applicant is
subject to the 18-foot driveway requirement in front of all
garages. Approval of this variance would be a grant of special
privileges inconsistent with limitation upon uses of other
properties in the vicinity and the zoning district. All
multifamily developments subsequent to September 4, 1990 code
amendment are subject to the new parking requirements.
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.
The applicant has been issued a building permit and construction
has begun on this 84-unit development. The applicant had remained
firm on the site plan design and, though made aware of the driveway
requirement, elected not to modify the design in order to meet the
requirement. Though much of the site has steep slopes, this
remains undisturbed due to hazard area constraints. The
development is occurring on a natural plateau and, with site plan
modification, would allow for the placement of garages with the 18-
foot driveway. As an alternative, the applicant can construct
garages without the 18-foot driveway if additional parking is
provided to meet the requirement. The applicant has made no effort
to meet the new code requirements and should not be granted a
variance to provide garages without driveways or replacement
parking which would be a grant of special privileges.
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.
During staff review cars were found parked abutting garage doors,
obstructing the drive aisles and inhibiting the through access for
emergency vehicles and general vehicular traffic. The Planning
• Commission affirmed this concern for public safety and unanimously
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Kent Board of Adjustment Minutes
July 6, 1992
approved the 18-foot driveway solution to the problem and requested
that Planning, Fire and Police Departments work to ensure that
parking regulations regarding fire lanes and emergency vehicles be
enforced as strictly as possible.
Ms. Yeats-Quilici stated that Planning Department requests denial
of this request and concluded with the following comments:
The staff: concluded that multifamily developments with
garages, regardless of tenure, should be subject to the
18-foot driveway requirement. The survey indicated both
condominium projects and rental apartments had resident
parking abutting the garage and encroaching in the drive
aisle and fire lane.
In addition, apartment developments can be converted to
condominiums at a later date. This 18-foot driveway
requirement can only be incorporated at the initial site
planning and construction phase. If the requirement only
applied to condominiums and if apartment developments
with garages were to convert to condominiums, then we
would create a nonconforming development situation.
The parking requirements of the Kent Zoning Code are
based on the number of units (2 spaces/unit for
developments of less than 50 units and 1. 8 spaces/unit
for developments over 50 units) , not the number of
bedrooms or square footage of units. The staff report
prepared for the code amendment reviewed these alterative
methods of determining parking for multifamily
developments and the Planning Commission considered an
alternative to change the requirement to parking per
number of bedrooms. Because existing developments
without garages did not have a parking problem, it was
determined: that Kent's existing parking ratios should
remain the same.
Mr. Ramos asked if the building permit automatically expires or if
the applicant is given an opportunity to extend the building
permit.
Ms. Yeats-Quilici responded that it automatically expires. She
felt that the applicant was able to carry over the grade and fill
permit but not the building permit.
Mr. Ramos asked if there was any provision for extension.
Ms. Yeats Quilici responded that it is a requirement of the Code
Enforcement Division that the permit expire in one year.
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• Kent Board of Adjustment Minutes
July 6, 1992
Mr. Ramos asked if the applicant had to go through another SEPA
process.
Ms. Yeats Quilici said this was not required.
Mr. Ramos asked if the original SEPA determination identified the
garages.
Ms. Yeats Quilici explained that the site plan submitted for SEPA
is preliminary and does not vest the project. She would need to
obtain the file to check because it is only preliminary at that
point. The original building permit application did show the
garages.
Mr. Ramos asked for an explanation of the stacking concept.
Ms. Yeats Quilici explained that in a study completed in
preparation for the code amendment, many garages were found to be
used for other purposes, such as a workshop or storage, and the
second car was often found abutting the garage door. This was
taking up the space of the driveway. Many times the
maneuverability was lessened because of the width of the drive
aisle. This amendment was intended for both vehicle
• maneuverability and parking.
Mr. Ramos asked if there was space for additional parking
considering the configuration of the proposed buildings.
Ms. Yeats Quilici responded that there would need to be a site
modification of buildings to allow for it.
Mr. Ramos asked if the buildings would have to be moved in a
westerly direction.
Ms. Yeats Quilici agreed.
Mr. Cosby asked for an explanation of the statement that variances
are categorically exempt from review under the Washington State
Environmental Policy Act (SEPA) .
Ms. Yeats Quilici responded that SEPA is not required for
variances. This project went through SEPA process because it had
significant environmental impacts.
Mr. Cosby asked what was the width of the driveways in Phase A.
Ms. Yeats Quilici responded that the driveways were 26 feet wide.
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Kent Board of Adjustment Minutes
July 6, 1992
Mr. Cosby asked if the apartments were completely occupied at the
present time.
Ms. Yeats Quilici responded that she understood that there is a
high vacancy rate, but she did not know the percentage.
Mr. Ramos asked if the applicant owned the area along the easterly
boundary. He wondered if the garages could be moved uphill. Ms.
Yeats Quilici stated that the area east of the development is
located in unincorporated King County and is also severely
constrained by steep slopes.
Mr. Banister asked for clarification regarding the 18-foot
requirement.
Ms. Yeats Quilici explained that they did not need to meet this
requirement at the time of the original application. Since the
original application had expired, the new application must meet all
the current code requirements.
Mr. Banister asked if the original plans showed the garages with
lesser width in the ;plans that were lost.
Ms. Yeats Quilici responded that the plans were never lost.
Mr. Cosby asked for clarification on the issue of expiration.
Ms. Yeats Quilici explained that applications expire if the permit
is not issued within 12 months.
Greg Allwine, 130 Andover Park East, Suite 301, Seattle, WA 98188,
architect for the project, was present to represent Tom Ismon,
Managing Partner of overlook Associates Limited Partnership. The
applicant originally submitted an application for an environmental
determination in late 1989 for approximately 400 units on a site
that was larger than the current request. During the environmental
determination process, the heavily forested five-acre piece of
property was to remain undeveloped. This reduced the number of
potential units that could be built on the site. The applicant
hired a geotechnical consultant to evaluate the existing slopes on
the site to determine what portions of the site could be buildable.
The five-acre parcel that was to remain as a green belt was sold to
the adjacent property owners. The applicant did not obtain a
financial return on this five-acre piece of property commensurate
with the possible return if he had been able to build on the
property. The five'-acre piece of property was taken from the
overall development as part of the overall mitigation for SEPA.
The reason for the short plat application was to be able to obtain
a building permit. The code allows for only one building permit
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• Kent Board of Adjustment Minutes
July 6, 1992
per lot, so the applicant created another lot in order to obtain a
building permit. The ownership of Phase A and Phase B remain the
same. When the applicant applied for a building permit for Phase
A, the reason was to provide the wetland mitigation for both Phase
A and Phase B. The applicant was nearly finished with Phase A when
he submitted for the environmental determination for Phase B. This
was done because financing could not be obtained for over 134
units. Since Phase A was nearly completed, the applicant could
apply for financing for Phase B. The original application in
December for a SEPA determination was for a 90-unit project. In
March, because of the steep slopes and the zoning, the applicant
asked for an administrative determination. The applicant was
allowed to encroach 50 feet into the R1 portion of the property
with the development and 25 feet with a structure. The building
was constrained on the easterly side and the project was reduced
from 90 units to 84 units. The project is constrained on one side
with the property line, slopes and rockery, and on the other side
with Phase A. He pointed out that there were 36 garages as part of
the Phase A project. He claimed the owner of Phase A has had no
problems with residents parking in front of the garages or the
garages being used for any function other than parking. The owner
has an addendum attached to the rental agreement that explicitly
states the usage of the garages. He submitted this Addendum to
• Rental Agreement as Exhibit A.
In response to Criteria 1 for granting a variance, the applicant
submitted a request for a building permit application on August 24 ,
1990. The architects received comments from the Building
Department. It was during this time that the Middle East Crisis
and the banking crisis took place which affected the economic side
for the developer. The applicant didn't hear further comments from
city staff. Neither he nor the civil engineer were aware of any
issues that needed a response in order for the city to respond to
the application request. On July 23 , 1991 the applicant was made
aware that the building permit would expire in one month. He
subsequently called Ms. Proud to find out if there was a mechanism
to extend the time since they had not received any correspondence
from the city with respect to pertinent issues. The civil engineer
for the applicant contacted Tom Tazuma in the Public Works
Department regarding the status of the project. The architects had
responded to the comments. The civil engineer was told that there
was a set of red-line utility review plans from the city that had
never been returned. This meant that the review for the utility
had happened at some point in time before July. Those are the
plans that had to be resubmitted in order to go through the review
process. The engineer obtained some comments over the counter from
Tom Tazuma regarding storm drainage; however, he received nothing
in writing. Mr. Allwine felt the original application of 1990 and
• the revised application of 1991 were significantly the same.
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Kent Board of Adjustment Minutes
July 6, 1992
Before the expiration he asked Ms. Proud if she were aware of any
issues that would affect the application in case it expired.
Subsequent to the application expiring, the applicant had a meeting
with the city staff including Jack Fingold, Laura Yeats Quilici,
and representatives from Public Works and Fire Departments. The
applicant did not feel that he had held up the process, but if it
did expire, he wanted to know the ramifications. He felt the
Building Code change would have an insignificant effect upon the
drawings. He felt the issue could have been ventilation in the
Energy Code. There were plans for sprinkling the buildings. The
applicant had not been told that there were any planning issues
that might be involved. He did not feel that the applicant was
asking for a grant of special privilege. He felt that this
project should have been approved within the time frame that the
city allotted. Other jurisdictions allow extensions in similar
cases.
Mr. Ramos asked if they had been in contact with all the
departments with respect to the requirements.
Mr. Allwine stated that the applicant had not received comments
that required a response. He was not made aware of a problem
either in the processing or the timing of the expiration of the
application until one month previous to the August 24 deadline.
Mr. Ramos asked for an explanation of the ruling that requires the
completion of the building permit application within 12 months.
Mr. Satterstrom stated that he assumed that it is in the Building
Code since the Planning Department did not cancel the permit
application. Planning Department is subject to the decisions of
the Building Department, and their ruling is that the application
must be reapplied for after one year. The Planning Department's
interpretation was that since it was a new application, it would be
subject to the new regulations which were in effect at the time of
the new application. He suggested the Board constrain themselves
to the application of the three criteria in regard to the stacking
space in front of the garages.
Mr. Allwine felt that regarding Criteria Number 1, the city should
have responded to the applicant in a timely manner. The only
responses from the city in writing were from the Building Official
and the Fire Marshall. He did not understand why the applicant had
not heard from the city so that he could respond to inquiries or
gather information so that the application would not have expired.
He did not feel the applicant was asking for a special privilege in
this situation. He felt there were existing circumstances that
more than justified approval of this variance request.
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• Kent Board of Adjustment Minutes
July 6, 1992
Regarding Criteria Number 2 , he pointed out that this is Phase B of
an existing project. The applicant has worked directly with Public
Works with respect to the steep slopes and the rockeries that are
between the upper and lower buildings. The south side of the
project has been pushed to the limit of the setback, and the north
side is adjacent to Phase A and steep slopes. The applicant
reduced the project from 90 units to 84 units on the building
permit application. At the base of the hill there is an existing
miniwarehouse facility for a person who needs to rent a storage
locker.
Criteria number 3 in reviewing the rationale presented by the
Planning staff with their proposal on the parking study, he pointed
out that the project they cited was Bridgewater Condominiums, and
that 50 percent of their parking was garages, and that there were
12 apartment/condominium projects that had adequate parking for
each development. He reiterated that 50 percent of the proposed
apartments were to be one bedroom apartments. The balance would be
two bedroom apartments. There would be no three bedroom apartments
in Phase B. He felt that this project would not be hazardous or
injurious to the health and welfare of the people living in the
area or the persons who would be responding to emergency calls. He
wondered how the applicant could either relocate those garages on
. this piece of property or redesign the project in such a manner
that 18 feet could be added in front the garages. He felt the
applicant is constrained on all sides, and this plan had been the
product of SEPA and numerous meetings with staff.
Mr. Ramos asked if the applicant had short platted the property
because the city required it for a building application or for
financing purposes.
Mr. Allwine responded that the short plat would have been required
to obtain a building permit even if the banks had not required a
short plat. He understood that the financing was tied into the
purchase and construction.
Mr. Cosby asked how long Phase A had been finished and ready for
occupancy.
Ms. Yeats Quilici answered that the certificate of occupancy was
issued May 30, 1991.
Mr. Cosby asked about the driveway widths in Phase A.
Mr. Allwine understood that the applicant was required to provide
a driveway 26 feet wide and 18 feet long for parking, and 20 feet
for the garage.
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Kent Board of Adjustment Minutes
July 6, 1992 lei
Kathy Moore, current resident of Court of Flags since October 1991,
has noticed construction taking place. When she heard about this
hearing regarding the parking, she chose to express the tenants'
perspective. She has heard reports on the economic issues,
environmental issues, the expiration of the application for permit,
and she wished to present issues of the current residents in the
area. She has noticed that there are not adequate parking spaces
for the number of residents. She pointed out that there are so few
parking spaces in the lower area that many of those residents bring
their cars to the Upper parking area near her apartment. This
congestion presents a parking problem for those who live in the
upper area. She stated that the occupancy rate was not 100
percent, but there are currently more residents than there were six
months ago. She was quoted 1. 8 parking spaces per unit which
sounded adequate, but since it is unknown how many teenagers will
be living in the complex, she questioned whether this would be
sufficient. She appreciated the concept of having extra space in
front of the garage not only for increased parking but for access
for emergency vehicles. Phase A has had emergency vehicles in the
area several times. It is difficult at times for even a regular
car to go through the winding streets that have parking on one side
and garages on the other side, since people park any place they
want to park. If there isn't enough space to park, the residents
are going to park in front of the garages or in front of other
cars. The occupancy rate is not 100 percent, but if it were to
become 100 percent, the residents would definitely have parking
problems. With the addition of 84 more units, tenants will be
finding parking that was intended for other units. The problem
already exists with only part of the development completed, and she
was concerned that with more units in the area that the problem
would be compounded. When the comments were made that garages
can't be moved backward or forward or the buildings altered, she
wondered since the applicant originally planned to have 90 units
and this was reduced to 84 units, why couldn't it be reduced
further. She realized this would reduce the income derived from
the units, but it would affect the current residents and the new
residents in a more positive way. She felt the 18-foot extension
in front of the garages would solve most of the problems that she
foresees. She felt that if there wasn't a way to accommodate all
the units, there may be too many units planned for this site.
Mr. Allwine added that there is work going on in the area, and
there are several parking stalls that are not currently in use
because there is rock, gravel, and equipment in the area.
Ms. Moore responded that he was correct, but there had been parking
problems even prior to the removal of the trees.
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Kent Board of Adjustment Minutes
July 6, 1992
Mr. Allwine responded that management had never mentioned to him
that there was a problem.
Mr. Ramos asked how many units and garages were in Phase A.
Mr. Allwine responded 134 units and 36 garages--36 units with one
bedroom, 60 units with two bedrooms and 38 units with three
bedrooms.
Mr. Cosby pointed out that the pictures taken by the city did not
show any parking congestion.
Ms. Yeats Quilici responded that the pictures were taken during the
day when most of the residents were at work.
Ms. Moore suggested that Sunday night has the greatest congestion.
Mr. Banister asked how many parking stalls existed for the previous
development in addition to the 36 garages.
Mr. Allwine thought that there were at least 1.8 parking spaces per
unit.
Mr. Cosby expressed concern that an application could expire at the
end of 12 months. He asked Mr. Allwine if he had challenged the
city for a reason for the expiration at the end of the year.
Mr. Allwine responded that he had been told by Mr. Fingold that the
12-month limitation was part of the code. He did not ask for a
reference to support this statement but asked for an extension.
When Mr. Fingold responded that an extension was not an option
because the City of Kent does not allow extensions, he pointed out
that other jurisdictions allow for extensions.
Mr. Cosby suggested that this issue should be explored, but it was
a separate subject from the variance request.
Mr. Satterstrom stated that this was an intertwined complex issue,
and he felt sympathy for the applicant in terms of the process.
There are two sides to the story. If a Building Department
representative were present, this person could have been responsive
to the questions that have been raised regarding the process. He
urged the Board of Adjustment to look beyond this issue of
expiration and look at the variance and the application of the code
requirement. The code now requires 18 feet of stacking space in
front of garages. The issue is not one of space because the space
is available. The space for all the necessary parking stalls is on
the site and has been planned since the original application.
• Whether it is an open stall arrangement or a carport, the applicant
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Kent Board of Adjustment Minutes
July 6, 1992
would still be able to meet the code. The issue seemed to involve
design. The applicant would like a certain number of stalls in a
garage configuration, although if they were in a carport or open
stall configuration, the applicant would be able to meet the code.
It has come down to be an issue of design. There is sufficient
space to meet the code requirement for the number of parking
stalls. He suggested the applicant explain why the garages should
be installed instead of carports which would meet the code.
Mr. Allwine explained that the reason the garages are important is
that the part of the applicant 's presale documents for Phase A and
Phase B were predicated on a specific number of garages in Phase B.
Because of financing difficulty for Phase B. the applicant relied
on the ability of the city to inform him if he would not be able to
have the 24 garages in lieu of 24 open parking stalls or 24
carports. If the applicant eliminates the garages, he would have
met the city requirement but there would be no need for a variance
request. The applicant went to the city a month before the
expiration of the application and tried to ascertain the impact if
the city did not finish the review process within the needed time
frame. This was needed to complete the financing arrangements. He
pointed out that the same plan had been used for the entire year.
The Planning Department had approved the landscaping and the site
plan. The owner had relied on this information.
Mr. Ramos asked how many carports currently existed.
Mr. Allwine responded that there were 32 .
Mr. Ramos asked if there was a charge for the carports.
Ms. Moore stated that when she moved into the apartments, there was
a $10 per month charge for a carport and a $70 per month charge for
a garage. There is no charge for parking spaces.
Mr. Ramos asked if the 18-foot driving aisle applied only to
garages and not to carports.
Mr. Satterstrom responded that this was correct.
Mr. Satterstrom wondered if tenants were unable to afford a garage,
would they be putting additional strain on the parking when they
parked elsewhere. He felt this could have a domino effect on the
parking situation.
Mr. Cosby asked if the city approved the site plan when they had
the meeting one month before the expiration date.
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Kent Board of Adjustment Minutes
July 6, 1992
Ms. Yeats Quilici stated that she became involved with the project
when it became evident that the project was expiring. The Planning
Department had not submitted the final approved site plan to the
Building Department for compilation; however, a significant portion
of the plan had been reviewed, and there was one in the file that
was stamped approved but it had not been finalized and forwarded to
the Building Department.
Mr. Allwine stated there was a meeting on August 22 , 1991, which
was before the expiration date, in which Laura was present. The
applicant was told that the Planning Department had reviewed the
site plan and landscape plan, and they had been approved.
Chair Cosby adjourned the Board to an executive session.
After reconvening the meeting Chair Cosby asked for a motion.
Mr. Ramos MOVED that the variance be granted. Mr. Banister
SECONDED the motion. Motion carried unanimously.
Chair Cosby expressed the following reasons for granting the
variance:
1. The variance shall not constitute 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, because it is a unique piece of property.
Environmental limitations restrict what can be done with
the property.
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, because the shape of the
property precludes the extra 18 feet.
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, because the
envelope created by a carport would be similar to that of
a garage.
Mr. Ramos MOVED that the election of officers be deferred until a
complete Board of Adjustment is present. Mr. Banister SECONDED the
. motion. Motion carried.
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July 6, 1992
ADJOURNMENT
Mr. Ramos MOVED that the meeting be adjourned. Mr. Banister
SECONDED the motion. Motion carried.
The meeting was adjourned at 9 : 10 p.m.
Respectfully submitted,
J eWP.!Harris' , Secretary
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