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HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 11/02/1992 CITY OF �� AGENDA BOARD OF ADJUSTMENT November 2 , 1992 BOARD OF ADJUSTMENT MEMBERS: Raul Ramos, Chair Ron Banister, Vice Chair Berne Biteman Jack Cosby Walter Flue 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, November 2 , 1992 , at 7 p.m. in Kent City Hall, City Council Chambers West. 1. Call to order 2 . Roll Call 3 . Approval of September 14 , 1992 Board of Adjustment minutes 4 . Added items to agenda 5. Administration of Oath 6. Variance: MOODY II #V-92-3 Request for a variance from Section 15. 04 . 020 (H4) of the Kent Zoning Code which requires a minimum 20 foot front yard setback in a Single Family Residential Zone. A variance for a similar proposal was reviewed and approved July 8, 1991 (#V- 91-2) . The applicant allowed this variance to expire and has thus resubmitted the variance application. 220 41h AVE.SO., I KENT,WASHINGTON 98032-5895 I TELEPHONE (206)859-3390 1 FAX#859-3334 • KENT BOARD OF ADJUSTMENT MINUTES November 2 , 1992 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Raul Ramos on the evening of Monday, November 2, 1992, at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Raul Ramos, Chair Berne Biteman Jack Cosby Ron Banister, excused Walter Flue, excused CITY STAFF MEMBERS; James P. Harris, Planning Director Lois Ricketts, Recording Secretary APPROVAL OF THE SEPTEMBER 14 1992 BOARD OF ADJUSTMENT MINUTES • Mr. Biteman MOVED that the minutes of the September 14, 1992 meeting be approved as written. Mr. Cosby SECONDED the motion. Motion carried. Chair Ramos administered the oath to all who intended to speak. MOODY II #V-92-3 Mr. Harris presented the applicant' s request for a variance to reduce the minimum front yard requirement from 20 feet to 10 feet in a R1-12 , Single Family Residential, zone. This same request was presented in 1991. The conditions staff is asking to be placed on the request are the same as the conditions set by the Board in 1991, except for the house that will be moved off the site. The staff is asking that the house be removed by November 30, 1992 . He asked Mr. Moody why the house still remains on the property. Mr. Harris presented the City staff recommendation for approval with the following conditions: 1. The owner/developer of the project site shall comply with condition number ten of the revised Determination of Nonsignificance issued on December 28, 1990 for the Kent Elementary Site #25 (#ENV-90-70) by placing a permanent fence along the portion of the fifty foot wetland buffer located on the subject property. The fence shall be maintained in perpetuity. The type and height of the fence shall be approved by the City of Kent Water Quality Engineer. i Kent Board of Adjust#ment Minutes November 2, 1992 2 . Future development of accessory structures or any impervious surfaces are prohibited within the identified wetland or its fifty-foot buffer. 3 . The wetland and its designated fifty-foot buffer shall be retained inn its natural vegetative state. No additional landscaping, gardening, or mowing shall take place within this designated area. 4 . The illeg4lly stored house on site shall be moved from the subjedt site by November 30, 1992 . Mr. Moody explained hat when he originally purchased the property, he intended to place one house on each lot. He was not aware of the wetlands at than time. The original variance request was for this house. During 1991 he checked the feasibility of moving the large white house to another lot. The house is extraordinarily wide and tall, and it became important to move the house within a certain radius. Thoy looked at numerous lots within greater Kent and were unable to find any site logistically or economically feasible for the house. Arrangements must be made with the telephone, power and cable companies to move a long distance. In September 1991 the 4plicant obtained an extension to maintain the white house at its ;present location until he could solidify the sale of the propertty. A lot was purchased and the sale was completed in Februal 1992 . The applicant was prepared to move the house when he ran i to difficulties finding a route to get to the new location. Since this time the contractor has had a heart attack and has developed cancer. This has delayed the move, but if the contractor cannot move the house within the next couple of weeks, the applicants will contract a different mover. Four major northwest movers have submitted bids. He felt that the house will be moved within the tcurrent month. The new location for the house is the corner of 25$th and 116th. Mr. Cosby stated that the condition to have the house moved by a specific date was ; included in the first variance approval approximately one arld one-half years ago. Mr. Moody explainedthat it took a period of time to find the lot, and then he had to let his plans approved. Mr. Ramos pointed o t that the previous variance approval required removal of the hous by August 31, 1991. The applicant requested and received an extension to January 2, 1992, due to hardships faced in obtaining 4 suitable site for the house. He asked if it was the Building or Planning Department that allowed the extension. Mr. Harris responded that it was the Planning Department. 2 Kent Board of Adjustment Minutes November 2 , 1992 Mr. Ramos asked if it were safe to say that even though the November 30th date is given as item 4, would the Planning Director have the same discretion again if it were needed. Mr. Harris felt he would have the same discretion, but he would exercise this discretion judiciously. He expressed concern that the house be removed. He felt this time he would question more carefully the precise reason if there would be a request for another extension with regards to the house. Mr. Biteman did not feel that 30 days was sufficient time for the removal of the house. He suggested a 60-day removal time. He felt there would be no excuse for any delay in having the house removed if a 60-day time allowance was given to the applicant. Mr. Cosby asked the applicant if the 60 days would be helpful. Mr. Moody felt he would not need the 60 days. He would like to use his current contractor. If he is not available, he has several reputable movers who are willing to move the house within the next three weeks. Mr. Cosby stated that he would like to give the applicant adequate time. He did not want the Board to meet again regarding this request. Mr. Moody expressed appreciation to the Board for its patience regarding this request. Mr. Biteman MOVED to close the public hearing. Mr. Cosby SECONDED the motion. Motion carried. Mr. Biteman MOVED that the Board approve the request with the suggested conditions except that the date be changed from 30 days to 60 days for removal of the house. These conditions and proposed findings are based on pages 11 and 12 of the staff report. The conditions are as follows: 1. The owner/developer of the project site shall comply with condition number ten of the revised Determination of Nonsignificance issued on December 28, 1990 for the Kent Elementary Site 125 (#ENV-90-70) by placing a permanent fence along the portion of the fifty foot wetland buffer located on the subject property. The fence shall be maintained in perpetuity. The type and height of the fence shall be approved by the City of Kent Water Quality Engineer. 3 Kent Board of Adjustment Minutes November 2, 1992 2 . Future development of accessory structures or any imperviou$ surfaces are prohibited within the identified wetland or its fifty-foot buffer. 3 . The wetland and its designated fifty-foot buffer shall be retained In its natural vegetative state. No additional landscaping, gardening, or mowing shall take place within this desi nated area. 4 . The illeg*lly stored house on site shall be moved from the subject site by December 30, 1992 . Mr. Cosby SECONDED the motion. Motion carried. ADJOURNMENT Mr. Biteman MOVED that the meeting be adjourned. Mr. Cosby SECONDED the motion. Motion carried. The meeting was adjourned at 7: 25 p.m. Res ectfully submitted, Jam s Harri , Secretary i 4