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HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 10/01/1990 _ AGENDA iCITY OF BOARD OF ADJUSTMENT October 1, 1990 BO VDA JUSTMENT MEMBERS: Walter Flue, Vice Chair Ron Banister Jack Cosby Robert Jarvis 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, October 1, 1990 at 7 p.m. in the Kent City Hall, City Council Chambers. 1. Call to order 2 . Roll Call 3 . Approval of April 2 , 1990 Board of Adjustment minutes 4. Added items to agenda 5. Administration of Oath 6. Variances: 1. BP OIL SETBACK #V 90-02 ' (MR) Request for a variance from Section 15. 04 . 170 Subsection F of the M1 zone which requires a minimum 40-foot setback on an arterial drive. Applicant is requesting approval to extend a pump island canopy 25 feet into the setback area. 2 . AMERICAN STEEL SETBACK #V 90-3 (ALS) Request for a variance from Section 15. 04 . 180 Subsection (E) (3) (a) (i) which requires a 40-foot setback in M2 zone for properties fronting on arterials and collector streets. Applicant is requesting approval to reduce the required setback to 20 feet to allow for expansion of an existing offi e� 220 41h AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (208)859-3300/FAX 9 859-3334 Board of Adjustment Agenda October 1, 1990 3 . HEATH TECNA #V 90-4 (SW) Request for a variance from the side yard setback as required in Section 15. 04. 180 (E(3 (C) ) ) to construct a canopy for the storage of weather-sensitive products. 4. OPSAHL SOLAR ACCESS SETBACK #V 90-5 (KO) Request for a variance from Section 15. 04. 234 (B) which requires that the highest shade-producing point of a structure be set back from the northern lot line based on a formula which takes into account the north-south lot dimension, slope and building height. • • KENT BOARD OF ADJUSTMENT MINUTES October 1, 1990 The scheduled meeting of the Kent Board of Adjustment was called to order by Acting Chair Walter Flue on the evening of Monday, October 11 1990 at 7 : 00 p.m. in the Kent City Hall, City Council Chambers. BOARD OF ADJUSTMENT MEMBERS: Walter Flue, Acting Chair Ron Banister ` Jack Cosby Raul Ramos CITY STAFF MEMBERS: Fred N. Satterstrom, Planning Manager Molly Rice, Planner Alice Shobe, Planner Scott Williams, Planner Kevin O'Neill, Planner Lois Ricketts, Recording Secretary • APPROVAL OF THE APRIL 2 . 1990 BOARD OF ADJUSTMENT MINUTES Mr. Cosby MOVED that the minutes of the April 2, 1990 meeting be approved as printed. Mr. Banister SECONDED the motion. Motion carried. Acting Chair Flue administered the oath to all who intended to speak. BP OIL PUMP ISLAND CANOPY VARIANCE #V 90-2 Molly Rice presented the request for a variance from Section 15. 04 . 170 which requires a 40-foot minimum setback in the Mi. Industrial Park, zone to extend a pump island canopy 25 feet into the setback area. The property is located at 21208 68th Avenue South. The lot is . 45 acre. The minimum lot size is one acre. The applicant is proposing to demolish an existing self-serve gasoline facility and construct a new facility with the addition of a snack shop. The site will include 1,200 square feet for retail use and 2, 884 square feet for automobile fuel sales. A Declaration of Nonsignificance with conditions has been issued. The request has been reviewed and considered to be in compliance with the Comprehensive Plan and the Valley Floor Study. The variance requested is subject to review by the Board of Adjustment and • subject to the following three criteria. A � Kent Board of Adjustment Minutes October 1, 1990 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. The -applicant states that the present canopy and cashier's kiosk building both project into the area at the present time; . consequently, the request would not be a grant of a special privilege. Staff agrees that the proposal is consistent with regard to the present use of the site and the previously approved site plan and is consistent with other setbacks for gasoline stations within the city and would not be a grant of special privilege. 2. Such variance is necessary, because of special circumstances relating to the site, 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. Applicant states that since 1987 building setbacks have been increased from29 feet to 40 feet, which further reduces the available useable area of the site. The present Building Code addresses setbaacks for buildings but not setbacks for a canopy. Pump islands are not allowed with a 15-foot setback. Staff agrees that the setback standards have been increased since the origi6al development of the site. Other similar new developments of this type have been placed on lots with a larger amount iof acreage; therefore, because of its non- conforming size, development is restricted inconsistent with other similar types. i 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 thesubject property is situated. The applicant states that the height of the canopy will not block visibility. It will provide the public with protection during inclement weather. 2 Kent Board of Adjustment Minutes • October 1, 1990 The Planning Department agrees with the applicant's statement that the canopy will be an amenity for the public that uses the facility. Planning staff recommended approval of this request. Mr. Ramos asked if there would be any lighted signs placed on the canopy other than the letters "BP" . Brian Duffy, representing BP Oil Company, presented Exhibit 1, a brochure which showed signs similar to those which would be visible on the site. The two existing street signs and two sets of the letters "BP" would remain on the face of the canopy. These letters would be illuminated internally. There would be no additional signage on the lot. He explained that the canopy would be smaller than the one shown in the photograph, and that the building has been pulled back to the property line. Mr. Ramos asked if the height of the landscaping would affect the vision of motorists turning to the east. Mr. Duffy responded that Public Works is completing a project and will be paving the sidewalks around the perimeter of the site. Landscaping will be addressed to plan the spacing from the sidewalk to the site so that a guardrail will not be needed. The new sidewalk will be at the same level as the site. Mr. Satterstrom responded there are strict height requirements for berms at intersections, and that visibility at the driveway entrances will be controlled by the Public Works Department. Mr. Ramos asked if the future right-of-way access had been considered. Mr. Duffy responded that Mobil Oil, the previous owner of the site, had dedicated part of the site for this purpose, and the road work is being completed at the present time. Mr. Ramos MOVED to close the public hearing. Mr. Cosby SECONDED the motion. Motion carried. Mr. Ramos MOVED that the Board approve the application as submitted and adopt the Planning Department's recommendation for approval. Mr. Banister SECONDED the motion. Motion carried unanimously. 3 Kent Board of Adjustment Minutes October 1, 1990 AMERICAN STEEL SETBACK VARIANCE #V 90-3 Alice Shobe presented the request for a variance from Section 15. 04. 180 requesting) a reduction from the required setback of 40 feet to 20 feet to 41low for additional office space along 80th Avenue South. American Steel is located at 19022 80th Avenue South. The subject property includes approximately 9.3 acres and is zoned M2, Limited !Industrial. Undeveloped vacant lots remain to the north and east : of the site, but the surrounding uses are industrial. Several' buildings on 80th Avenue South were built on the edge of the property line or within the forty-foot setback requirement. These buildings were all constructed prior to the adoption of the KentiZoning Code in 1973 and are nonconforming. In 1977 V-77-6 was issued for office expansion. The proposed project would extend the prejriously expanded office to the north and south of the existing office addition in Phases I, II and III. The immediate expansion involves only the portion to the north. The addition would elimi ate three existing parking spaces which would be relocated to t�e rear of the building. In the 1984 Comprehensive Transportation Plan, South 196th Street was designated as a major east/west corridor. It is anticipated that 80th Avenue South ,may eventually become a major north/south corridor and may require expansion. Public Works feels that approximately eight feet may be required from the applicant in the future if the road is ever widened. If eight feet were taken, the landscaping would become nonconforming. Section 15 . 07 . 010 of the Zoning Code _grants ; the Planning Director authority to waive landscaping requirements for special easements, and this would be classified as a special easement. The following criteria were considered for granting the 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. American Steel : was built prior to adoption of the current Zoning Code which was adopted 1973 . In 1977 when the variance was approved fox the existing office, there was no knowledge of the possible expansion of 80th Avenue South. There are many other buildings of nonconforming use within the area, so American Steel would not gain advantage over other businesses in the area. 2 . Such a variance is necessary because of special circumstances relating' to the size, shape, topography, 4 Kent Board of Adjustment Minutes October 1, 1990 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. In 1966 when the building was constructed, American Steel included plans for expansion. Since it was impossible to know that the Zoning Code would be revised, the applicant feels that the plans should be reviewed as they were originally designed. It is impossible to expand to the north, south or east due to topography or Building Department requirements. The minutes of the May 3, 1977 Board of Adjustment meeting state that approval was based on the original site plans which were in compliance with zoning regulations prior to 1973, which created special circumstances specific to this application. The Planning Department concurs with this reasoning and feels that the potential impact of street improvements on landscaping requirements cannot be avoided by the applicant. 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. The Planning Department feels that there will be minimal impact, and that there would be loss of a slight amount of landscaping in the event that 80th Avenue South is improved in the future. The Planning Department recommended approval of this request. Discussion followed regarding the landscaping. It was pointed out that only the parking spaces would be affected. Dennis Woods, architect representing McKenzie Saito and Associates, felt a full overview had been presented by staff and asked if there were any questions. Mr. Ramos asked for an explanation of the proposed expansion. Mr. Woods responded that Phase I would be a 50-foot expansion to the north. Phases II and III would be 75-foot expansion to the south. The west line is being held so that it will not get closer to the street in any of the future expansions. The overall master plan for expansion shows the future plans so that these may be • reviewed with all the departments for comments. American Steel 5 i i Kent Board of Adjus#ment Minutes October 1, 1990 would be holding theiline of the variance of 1977, which is 30 feet off the existing building, and leaving 20 feet of landscaping. Mr. Cosby MOVED that the public hearing be closed. Mr. Banister SECONDED the motion.] Motion carried. Mr. Ramos MOVED thatithe Board approve the application as submitted by the applicant and ;adopt the Planning Department's recommendation for approval. Mr. Cosby SECONDED the motion. Motion carried unanimously. HEATH TECNA Variance #V-90-4 Scott Williams presented the applicant' s request for a variance from Section 15. 04. j80 which requires a minimum 10-foot setback along the side yard in M2, Limited Industrial, zone. The applicant is proposing to construct a canopy over a product receiving area along its northern iborder. The site is located at 19819 84th Avenue South. The applicant is requesting a variance to construct a 4, 000 square foot, canopy which would cover weather-sensitive products. Adjacent to the northern boundary is Omni Entertainment Center. He pointed! out that there are no openings in the wall. The variance requested is subject to the following criteria. 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. Structures on the site were constructed prior to the adoption of the currentZoning Code. Approval of this request would not constitute is grant of special privilege because it would have no impact on adjacent properties. 2. Such a variance is necessary, because of special circumstances relating to the size, shape, topography, location dr 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. When the facility was constructed in the early 19601s, the shipping and receiving areas were placed on the north side of the developmen#. The internal flow of products has been arranged to rejceive and ship products through this area. Since the use rotas legally established, granting the request is 6 Kent Board of Adjustment Minutes October 1, 1990 would be consistent with the rights and privileges permitted to other properties in the vicinity. 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. The proposed structure would not be used as a drive-through facility. Internal circulation would not be altered from the existing conditions. The proposed storage area would be visually screened from the adjacent properties. No adverse impacts to adjacent properties would be anticipated as a result of the proposed structure. The Planning Department recommended approval of this request. Mr. Cosby asked if the request was for a variance for a canopy or a potential building. Glen Chapman, consulting engineer representing Heath Tecna, explained that the request was for a canopy which would be • constructed against an existing 30-foot wall. This would be a masonry wall because of the a two-hour fire separation requirement. Heath Tecna receives large containers that must be held in the outside area. At the present time they are holding them in an open asphalt area. The request was for a variance for a roof to cover the containers in this area. The heat from the sun can affect the materials contained in the boxes. Mr. Cosby realized that the Fire Department had approved the request, but he expressed concern about the dance hall situated on the adjacent property. Mr. Chapman explained that composite materials were involved, and that the boxes were handled with a forklift. The receiving and shipping areas are adjacent to each other. The material is received in large crates, is uncrated and taken to the shipping area, put in crates and shipped out. The area is not used as a drive through. There would be a 22-foot clearance. The area is set back approximately 200 feet and is heavily landscaped on the east side. He felt the canopy would not be visible from moving vehicles. A pedestrian might be able to see the truss, but not the masonry wall. Mr. Ramos asked what position the Planning Department would take if the applicant should request a fully enclosed area at a later time. • 7 i Kent Board of Adjustment Minutes October 1, 1990 Mr. Satterstrom explained that each request is evaluated on a case- by-case basis.. The current request is for a canopy over outside storage, not an addition to a structure. If this were' a request for enclosed additional floor space, a separate application would be required. At that time it would be an application for building space, and the analysis for the criteria could be different than the analysis for thei, current request. No one could speculate about a hypothetical request. Mr. Chapman pointed out that there is no insulation in the masonry wall or the roof. the applicant was not putting in a floor slab. The asphalt surface has a slope. He felt it would be difficult to enclose the area, and they had no plans for enclosing the area. Mr. Ramos could see no factors that would cause him to vote against the application. Mr. Cosby stated that he would be against an addition to the building and was concerned about some of the products Heath Tecna handled. He mentioned the eight-inch masonry fire wall which would be placed along theproperty line. Mr. Duffy explained that the fire wall is a Building Code requirement. Mr. Williams felt that the fire wall would be a requirement for any kind of a covered Otorage area without regard to what would be contained in the storage area. Mr. Ramos MOVED that the public hearing be closed. Mr. Cosby SECONDED the motion.; Motion carried. Mr. Ramos MOVED that ithe Board approve the application as submitted and adopt the Planning Department's recommendation for approval. Mr. Banister SECOND�D the motion. Motion carried unanimously. OPSAHL SOLAR ACCESS SETBACK VARIANCE #V-90-5 Kevin O'Neill presented the applicants ' request for a variance from - Section 15. 04 . 234 of the Kent Zoning Code which requires that the highest shade-produding point of a structure be set back from the northern lot line based on a specific formula. The applicants propose an addition to their residence which is located at 10306 SE 230th. The site is Surrounded by single family developments. The zoning is R1-9 . 6. The applicants propose to add to their existing residence a bedroo4, bathroom and family room. Solar access regulations are concerned about the shading caused by structures. 8 • Kent Board of Adjustment Minutes October 1, 1990 The concern is how the proposed addition would affect properties to the north of the site. The required solar access setback from the northern property line to the highest shade-producing point is 47 feet. The applicants are requesting a setback of 33 feet. The site is surrounded by residential subdivisions to the north, south and east. The property to the west is not subdivided. Development surrounding the property is single-family residential. The Planning staff felt that, even though this request did not meet the setback requirement, solar access would be available to the adjoining residential developments. The variance request is subject to the following criteria. 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. The residence was built prior to the property being annexed into the city. There were no solar access requirements on the property at that time. 2) Such 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 shape of the lot include a panhandle which is not buildable. 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. The project is within all the other requirements of the R1-9. 6 zone and would not obstruct solar access to any residences located to the north of the site. Planning Department recommended approval of this request. Peter Opsahl felt the staff presentation adequately covered the request and asked if there were any questions from the Board. • 9 Kent Board of Adjustment Minutes October 1, 1990 Mr. Cosby asked if njotification had been mailed to the surrounding homes. Mr. O'Neill responded that notice had been mailed to all properties within 200 feet, and that a large public notice sign had been placed on the Opsahl property. Mr. Ramos asked if any other expansions had been proposed. Mr. O'Neill was not aware of any other proposed additions. Mr. Banister MOVED ; the public hearing be closed. Mr. Cosby SECONDED the motion. Motion carried. Mr. Banister MOVED that Board approve the application as submitted and adopt the Planning Department's recommendation for approval. Mr. Cosby SECONDED the motion. Motion carried unanimously. ADJOURNMENT Mr. Ramos MOVED to gdjourn the meeting. Mr. Cosby SECONDED the motion. Motion carried. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Jam s P. Harris, Planning Director i i 10