HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 02/03/1987 I �
CITY OF � H� AGENDA
BOARD OF ADJUSTMENT
February 3, 1987
BOARD OF ADJUSTMENT MEMBERS:
Phyllis Mauritsen, Chairperson
Robert Kitto, Vice Chairman
Beth Carroll
Walter Flue
CITY STAFF MEMBERS:
James P. Harris, Planning Director
Lin Ball , Associate Planner
This is to inform you of the scheduled meeting of the Kent Board of Adjustment
to take place on Tuesday, February 3, 1987, at 7:30 p.m. in the Kent City Hall ,
City Council Chambers.
Agenda
1 . Call to order
2. Roll call
3. Approval of the August 5, 1986, Board of Adjustment munutes
4. Added items to agenda
5. Administration of Oath
7. Variance Application Number
DI PIETRO TRUCKING COMPANY #V-86-8
Request for a variance from the 45-foot front yard setback requirement
in the CM, Commercial Manufacturing, zoning district as required by
Section 15.04.180 E3a. Applicant is requesting to reduce setback to
30.5 feet for construction of a freight transfer building.
lea,AM
220 41h AVE. SO.,i KENT.WASHINGTON 96032-5895/TELEPHONE(206)872.3300
KENT BOARD OF ADJUSTMENT MINUTES
February 3, 1987
The scheduled meeting of the Kent Board of Adjustment was called to order by
Chairwoman Mauritsen on the evening of Tuesday, February 3, 1987, at 7:30 p.m.
in the Kent City Hall , City Council Chambers.
MEMBERS PRESENT:
Phyllis Mauritsen, Chairwoman
Beth Carroll
Walter Flue
Robert Kitto
CITY STAFF MEMBERS PRESENT:
James P. Harris, Planning Director
Lin Ball , Associate Planner
Lois Ricketts, Recording Secretary
APPROVAL OF AUGUST 5, 1987, Mr. Kitto MOVED that the
BOARD OF ADJUSTMENT MINUTES minutes of the August 5, 1986,
Board of Adjustment meeting
• be approved as presented.
Mr. Flue SECONDED the motion.
Motion carried.
Mr. Harris presented the change of Council meetings from Monday evenings to
Tuesday evenings beginning in March 1987. Mr. Flue MOVED and Mr. Kitto SECONDED
the motion to change the Board of Adjustment meeting dates from the first Tuesday
to the first Monday of each month. Motion carried.
Chairwoman Mauritsen administered the oath to all who intended to speak.
DI PIETRO TRUCKING COMPANY Chairwoman Mauritsen stated
VARIANCE #V-86-8 that her family business is
located immediately next door
to the subject property.
The applicant's representative
affirmed that there was no
objection to her position
on the Board regarding this
issue.
Lin Ball presented this request for a variance from the 45-foot front yard
setback requirement in the M2, Limited Industrial , zoning district as required
by Section 15.04. 180 E3a. The applicant requested permission to reduce the
setback to 30.5 feet for construction of a freight transfer building. The appli-
cant has requested that this measurement be taken from the old, existing property
line. The applicant has signed no-protest LID covenants to deed 13.5 feet of
the 30.5 variance request for future street improvements. This would leave
i
w
Kent Board of Adjustmen Minutes
February 3, 1987
I
a 17-foot setback from the new property line. The applicant has already
constructed a fence and .landscaping along the new property line based on the
future street improvements.
The property is approximately 3. 18 acres in size and is located at 8612 218th
Street. The Comprehensive Plan map designates the site as "Industrial Park."
This is an older area of the City which is still in transition from single-
family/residence agriculture to industrial and heavy commercial . Building
setbacks together with required perimeter landscaping aid in buffering these
single-family residences from adjacent industrial uses. Reduction of the
required front yard setback requirement would decrease the buffering separation
and could have an advers impact on these dwellings.
i
The site was annexed to the City in 1958. A conditional use permit was granted
in 1980 to allow a truckimaintenance storage facility. In 1982 a conditional
use permit was granted t10 allow expansion to the existing facility which has
resulted in development jf the entire site.
The Planning Department ecommends denial based on the following findings
outlined in the staff re�ort:
1 . The variance w4ld be a grant of special privilege to the applicant,
inconsistent with the limitation on other properties in the area and
M2 zone.
2. There are no sp�cial circumstances relating to the size, shape, topog-
rapy, location or surroundings of the subject property which make this
variance necessary in order to provide the property with the use rights
and privileges permitted to other properties in the M2 zone.
3. The granting ofl thisvariance could be detrimental to the public welfare
and injurious tb adjacent properties.
Chairwoman Mauritsen opehed the public hearing.
Don Bogard, architect, 9�2 North Central , Kent, as a representative of the owner
presented the request for a 30 x 75 foot building. At the predevelopment meeting
he found that the area ih question was a front yard. He felt that he was being
asked to have two front ,yards. He felt that the old property line is the true
property line from wh.ich, the 45 feet should be measured. His request for a
variance asked for the 0 feet to be reduced to 30.5 feet from the original
(old) property line. Hefelt that the 13.5 feet was still owned by the applicant
and thereby the applicantt could use the old property line for measurement.
He felt that this part of South 218th was a side yard flanking street. He
expressed concern that if the building were to be moved back, five parking spaces
would be eliminated. Heimentioned that he had written a letter requesting the
Board to visit the site. !
When Mr. Bogard was aske� what would prevent placement of the proposed building
in the northeast corner of the site, he responded that it was not possible
I
-2-
Kent Board of Adjustment Minutes
February 3, 1987
because trucks are currently stored in this area and it would affect the
maneuvering area for the trucks. He did not feel that erection of the proposed
building would be detrimental to the neighboring residences.
Michael Pozzi , Vice President of Di Pietro Trucking, stated that trucks and
trailers are stored at this location while they are waiting for delivery.
Mr. Kitto asked if the building were placed in the back of the site, would that
leave additional space for truck holding stalls to be placed at the front of
the site. Mr. Pozzi explained that there are eight trailers parked in the front
area at the present time. If the building were placed in the front, the appli-
cant must remove five parking stalls.
Jim Rust, 8619 South 218th, expressed concern about the placement of the refrig-
erated trucks because of the noise level .
Mr. Bogard responded that they hoped the trucks would be stored in an area that
would provide electrical service. The trailers are 13 feet 6 inches high and
the building would be only 6 or 8 inches higher than the trucks. There would
be activity from 6 a.m. to 8 p.m.
Mrs. Rust stated that the most disturbing part of the storage of the trucks
was the change in the noise level during the night. This change awakens her.
Mr. Rust pointed out that United Trucking loads and unloads throughout the night.
He hoped that Di Pietro Trucking would not be as noisy as United Trucking.
Mr. Bogard felt that the 75-foot building would help to act as a barrier against
the noise of the trucks. Mr. Pozzi explained that United Trucking hauls general
freight commodities. Di Pietro hauls food products. Their hours are from 6
a.m. to 8 p.m. United Trucking operates 24 hours each day with their reloading
activity.
Ms. Ball explained that the area in question is a front yard and that the condi-
tional use permit referred to this area as the front yard. Ms. Ball pointed
out that the direction the building faces does not determine whether the yard
is a front, side or rear yard. The front yard landscaping requirement is 15
feet, side yard, 10 feet, and the rear yard has no landscaping requirement.
Chairman Mauritsen felt that the applicant had shown acceptance of the area
in question as a front yard by fencing and landscaping 15 feet, landscaping
10 feet on the side yards, and having no landscaping for the rear yard. This
would place the front yard on 218th Street.
Ms . Carroll MOVED that the public hearing be closed. Mr. Kitto SECONDED the
motion. Motion carried.
Mr. Kitto felt that according to the definitions, the area under discussion
is a front yard. He felt the applicant would not have to set back 45 feet from
. the new property line. The 45 feet could be measured from the old property
line. Even if the 30.5 feet were measured from the old property line, the appli-
cant would still need the variance approved by the Board.
-3
Kent Board of Adjust ent Minutes
February 3, 1987
i
Ms. Carroll felt tha a variance would be required even though it might be a
lesser amount. The hree criteria still must be considered. She did not feel
that any one of the hree criteria applied in this instance. This request had
nothing to do with t e size, shape, topography, location or surroundings which
would be necessary i order to meet the criteria for granting a variance.
Mr. Flue agreed that) this request did not meet the criteria needed for granting
a variance.
Ms. Carroll MOVED t at the application for this variance be denied because it
did not meet the cr teria needed for granting a variance. Mr. Flue SECONDED
the motion. Mr. Ki to felt that the request had met criteria number 3, and
that numbers 1 and were questionable. He voted that the variance request
be denied. Motion arried unanimously.
ELECTION OF OFFICER$ Mr. Kitto MOVED that Chairwoma
Mauritsen continue as chair-
woman. Ms. Carroll SECONDED
the motion. Motion carried.
i
Kitto MOVED that Msj. Carroll be nominated as Vice Chairwoman. Mr. Flue SECONDE
the motion. Motion carried.
ADJOURNMENT Mr. Kitto MOVED that the meet
ing be adjourned. Mr. Flue
j SECONDED the motion. Motion
carried. The meeting was
iadjourned at 10:15 p.m.
Respectfully submitted,
i
am Ha is, ecretary
I
i
i
i
-4-
i
i