Loading...
HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 08/07/1989 CITY OF %MIT AGENDA BOARD OF ADJUSTMENT August 7, 1989 BOARD OF ADJUSTMENT MEMBERS: Robert Jarvis, Chairman Beth Carroll Jack Cosby Tracy Faust Walter Flue CITY STAFF MEMBERS : James P. Harris, Planning Director Lauri Anderson, Planner This is to inform you that the scheduled meeting of the Board of Adjustment will take place on Monday, August 7 , 1989 at 7 : 30 PM in the Kent City Hall, City Council Chambers. 1. Call to order 2 . Roll Call 3 . Approval of January 9, 1989 Board of Adjustment minutes 4 . Added items to agenda 5. Administration of Oath 6. Variance: Cuddiaan Setback Variance - #V-89-1 (Lauri Anderson, Planner) Variance request from the severe hazard area regulation requiring a 75 ' setback from top of any ravine (Section 15. 08 .224 A. 4 of the Kent Zoning Code) . MARA I 7 z: 220 4th AVE. SO.,/ KENT,WASHINGTON 98032-5895/TELEPHONE (206)859-3300 • BOARD OF ADJUSTMENT MINUTES August 7, 1989 The scheduled meeting of the Kent Board of Adjustment was called to order by Chairman Robert Jarvis on the evening of Monday, August 71 1989 at 7: 30 p.m. in the Kent City Hall, City Council Chambers. BOARD OF ADJUSTMENT MEMBERS PRESENT: Robert Jarvis,- Chairman Tracy Faust, Vice Chair Beth Carroll Walter Flue BOARD OF ADJUSTMENT MEMBERS ABSENT: Jack Cosby, excused CITY STAFF MEMBERS PRESENT: James P. Harris, Planning Director Lauri Anderson, Planner Lois Ricketts, Recording Secretary • APPROVAL OF JANUARY 91 1989 BOARD OF ADJUSTMENT MINUTES Beth Carroll MOVED and Walter Flue SECONDED the motion to approve the minutes of January 9, 1989 Board of Adjustment meeting as printed. Motion carried. Chairman Jarvis administered the oath to all who intended to speak. CUDDIGAN SETBACK #V-89-1 Lauri Anderson presented the request for a variance from the seventy-five foot ravine setback requirement of the Kent Zoning Code Section 15. 08. 224 (A) (4) , Water Quality and Hazard Area Development Classifications and Restrictions: Severe Hazard Areas. The subject property is one acre in size and is zoned RA, Residential Agricultural. The site is located at the end of a 620- foot private drive off North 200th Street and is approximately 350 feet to the north and 280 feet to the west of intersection of North 200th Street and 92nd Avenue South. The site abuts SR-167 along the western property line. State freeway setback requirements impact how they can use the western portion of their property. The applicant submitted a request to build a single family residence with access off a one-lane gravel road. The site has a • north-south dimension of 106 feet, and east-west dimension of 412 feet which makes it a long, narrow lot. The site is presently undeveloped except for a small wood pile and a dog house. The Kent Board of Adjustment Minutes August 7, 1989 i private drive is shared with neighboring residents. It has a general slope of 1 percent from east to west. It slopes as it goes toward the valley with a steep drop into the ravine, which parallels the north property line. No streams, springs or wetlands have been identified in the area of the proposed residence; however, there is a creek at the bottom of the ravine. The site is vegetated with several large deciduous and evergreen trees, blackberries, and t istles. A portion of the lot was graded last summer, and a building pad was established at that time. The site meets most of the r quirements for a residence in this area, but the hazard area r#gulations is designed to protect the water quality in the are*. The ravine setback is intended to prevent disturbance of the 'slopes and to prevent sedimentation. Removal of vegetation would impact water flow and water quality. The proposed residence rests 20 feet from the lip of the ravine and 30 feet from the south property line. Staff recommends a compromise since this site is difficult to work with because of its shape. In order to maintailn the benefits of the hazard area regulations, staff suggests thatl the applicant consider moving the residence so that the driveway iis located further from the ravine, that no vegetation be removed from the ravine wall, and that limited vegetation be rem ved from the site. Vegetation assists in maintaining the sta ility of the soil. The Planning Depar ment feels that granting this variance would not constitute a rant of special privileges relative to the development standards of other properties in the area. The majority of the surrounding properties are in unincorporated King County and do not need to comply with the same regulations. The variance is necessary to provilde the applicant with use rights. If the applicant were to cjomply with the 75-foot setback and the 15-foot side yard setbacl , they would have a building strip of approximately 412 y 16 feet. Staff suggested that the house be moved as close to Ithe south property line as possible, and the applicant consider reorienting the driveway. The applicant may want to consider means to warn residents and visitors about the hazards of the ravine. Staff suggests the applicant communicate with the Engineering Department regarding the storm water drainage conditions during construction. If these are carefully adhered to, they could mitigate the potential problems of granting the variance. Staff recommends approval with the conditions stated as follows: 1. The appliicant shall relocate the residence to the 15- foot set�ack line along the southern edge of the property,; unless the applicant can demonstrate that such a relocation will require excessive grading of the existing I topography. 2 I I I • Kent Board of Adjustment Minutes August 7, 1989 2 . That portion of the drive which is located on the applicant' s property, and all parking and vehicular maneuvering ' areas, shall be paved with asphalt or equivalent material approved by the City' s Public Works Department. 3 . Adequate storm water controls to prevent drainage from the site -over the lip of the ravine shall be required and shall be approved by the City's Public Works Department. 4 . Grading and construction activities on this site shall be conducted in a manner to prevent erosion and/or siltation problems within the ravine area or steep hillside. Silt fences or other acceptable materials shall be used to control erosion and siltation that may result from storm water runoff if determined necessary by the City during construction. 5. A tree plan showing all types of six-foot caliper or greater must be submitted prior to issuance of any development permit for the site. Minimal removal of vegetation will be permitted along the ravine edge. No removal of vegetation will be permitted along the ravine wall. As much as possible of the natural environment and existing wildlife habitat shall be preserved. 6. The applicant shall contact the Soos Creek Sewer and Water District to discuss the possibility of sewer hookup prior to construction of a septic system. Morene Cuddigan stated that she presently has a level site which is an extremely pervious acre of land. To the south and east the land has a 15-17 degree sloping hillside. Moving the house 15 feet over from the southern property line would create a steeper hillside on the southern property line, which would create greater chances of erosion and excessive drainage from the neighboring property. Three apple trees, one pear tree and two maple trees exist within the 25-foot setback of the property line. She was concerned about the root system of the trees. If the house plan were changed to run east and west instead of north and south, the applicant may need to doze into the hillside which may affect the root system, and she may lose some of her territorial view from the decks. She plans to fence the ravine side of the property so that no animals would be able to go into the ravine. Currently the vegetation and trees near the edge of the ravine control siltation and erosion. She plans to control all impervious runoff toward the direction of the ravine. The ravine is part of the existing 3 Kent Board of Adjustment Minutes August 7 , 1989 natural setting which she wants to maintain for her own seclusion and privacy. The applicant has legal access and liability to maintain a well and pump house which was constructed by the State of Washington. This well was approved in 1974 by the Department of Ecology. Two single family residents are currently using this well as a main and my source of water. These two residences are part of the five-ac a plot plan and share the upkeep and expenses of the well and pu* house. The water hookup is on the southeast corner of the prop rty line. The septic tank plans and drainage field were approvediby the King County Health Department on August 13, 1987 . Approval Iwas received after providing a perk test and soil log to insur proper drainage and septic system for the building plans. The existing easement runs into the southeast corner where she wishes to connect the driveway. She wishes to build a gravel driveway from the easement to the proposed home. This would be consistent with the driveways of the neighboring residences. The existing street system connects with King County roadways and does n t access the City of Kent street system. There is no other access to the property and no public walk area through the site. There will be no clearing or disturbance of the ravine within 20 feet of the proposed building site. The applicant will assume responsibili ty to make guests aware of this ravine. I Beth Carroll asked f the applicant knew about the 75-foot setback from the ravine at �he time the building pad was constructed. I Morene Cuddigan responded that she knew nothing about this until she applied for a building permit. Neither the engineer who had done the perk test nor the contractor who constructed the pad told her about the setback requirement. Both of these actions had taken place before the she had applied for a building permit. Tracy Faust asked or clarification about the fencing along the ravine. I Morene responded th t she felt she probably would fence the entire acre after the hous was built. It is presently fenced on the west and east sides and alf the distance on the north side, but it is not fenced on the outh side. She stated that the fencing could be finished. Tracy Faust asked f the reason for not moving the driveway to extend along the s uthern portion of the property was because of the easement. Morene responded t Jat the driveway was planned to extend from the easement around thaple trees. Discussion followed regarding the trees and the drivay. 4 I • Kent Board of Adjustment Minutes August 7, 1989 Tracy Faust asked if it would be possible to move the garage so that it would be located further from the ravine. Discussion followed. Chairman Jarvis asked if it would be safe to locate the house in the proposed area. Lauri Anderson felt- there was no danger of slide or slippage. The design was intended to keep as much water from running off as possible. Ms. Carroll asked why a gravel driveway would not be environmentally advantageous. Lauri Anderson responded that the asphalt was an impervious surface and would create more runoff. The gravel as a pervious surface would allow more infiltration of pollutants and pulverized rubber from the tires on the driveway. She felt that a gravel driveway might be appropriate in a residential agricultural area. Ms. Carroll added that a gravel driveway would require a variance. Mr. Harris pointed out that a firm footing is very important for gravel driveways. Roger Duncan, 9059 South 198th Street owner of seven acres directly north of the proposed building site, including the ravine, pointed out that the ravine is very steep in this location. There is very little vegetation on one part because it erodes easily. He had concern about the sidewall which is not visible from the subject site but very visible from his property because it is inaccessible for him to clean up debris. He suggested a cyclone fence along the top edge would be helpful. He pointed out that the property is in open space and he has provided trails throughout. He suggested that kids, dogs and debris be kept off this property. Discussion followed regarding the debris. Elizabeth Tweeton, 9030 South 200th Street, explained that she and her husband bought the property, and the subject site became the property of her daughter when her husband died. She has not seen any debris and has not allowed dumping in the ravine. Two vehicles can pass on the 30-foot easement when free of blackberry vines. Chair Jarvis MOVED that the public hearing be closed. Mr. Flue SECONDED the motion. Motion carried. Ms. Faust MOVED that the Board recess to executive session. Chair Jarvis SECONDED the motion. Motion carried. 5 a i i Kent Board of Adjus ment Minutes August 7, 1989 Chairman Jarvis called the meeting back to order. Ms. Faust MOVED that the Board grant this variance with the following conditions: (1) The applicant ' shall relocate the residence to the 15 foot setback line along the southern edge of the property and shall reverse the position of the house and garage so that the driveway runs as close as possible to the southern boundary. (2) That portion of the drive that is located on the applicant's property and all parking and vehicular moving areas may be paved with gravel on a sufficient base for emergency vehicles. (3) Adequate storm water controls, to prevent drainage from the site over the lip of the ravine, shall be required and shall be approved byl the City's Public Works Department. (4) Grading and construction activities on this site shall be conducted in I manner to prevent erosion and/or siltation problems with n the ravine area or steep hillside. Silt fences or oth4 acceptable materials shall be used to control erosion and si tation that may result from storm water runoff if determined necessary by the City during construction. (5) A tree plan showing all types of six-foot caliper or greater must be submitted prior to issuance of any development permit for the site. Minimal removal of vegetation will be permitted along the ravine edge. No removal of vegetation will be permitted along the ravine wall. As much as possible of the natural environment and existing wildlife habitat shall be preserved. i Ms. Carroll SECONDED the motion. Motion carried unanimously. Mr. Flue MOVED and Ms. Carroll SECONDED the motion to adjourn the meeting. Motion carried. The meeting was adjourned at 8:50 p.m. Respectfully submitted, i i ame P. Harris, Secretary I I I 6 I I I