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HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 06/01/1987 CITY OF AGENDA BOARD OF ADJUSTMENT June 1 , 1987 BOARD OF ADJUSTMENT MEMBERS Phyllis Mauritsen, Chairperson Beth Carroll Walter Flue Robert Jarvis Robert Kitto CITY STAFF MEMBERS: James P. Harris, Planning Director Kathy McClung, Associate Planner Libby Hudson, Assistant Planner Greg McCormick, Planning Assistant This is to inform you of the scheduled meeting of the Kent Board of Adjustment to take place on Monday, June 1 , 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 April 6, 1987, Board of Adjustment minutes 4. Added items to agenda 5. Administration of Oath 7. Variances Application Number WILLIAM R. HOFFMAN #V-87-1 Request for a variance from Section 15.04.050 E1 which requires a minimum lot width of 70 feet in the MRM, Medium Density Multifamily Residential zoning district. IJ' ' P Agenda (Continued) Board of Adjustment June 1 , 1987 Application Number ORANGE JULIUS/ART KLEPPEN #V-87-2 Request for the following variances: (1 ) Variance from the minimum lot area requirement of 15,000 square feet for a drive-in restaurant as required by Section 15.08.020 D1 of the Kent Zoning Code. (2) Variance to reduce the required twelve (12) foot one-way drive aisle width to ten ( 10) feet (Section 15.05.080 B) . (3) Variance from the required ten (10) foot landscape buffer where the subject site abuts residential zoning, required by Section 15.07.060 of the Kent Zoning Code. The applicant is requesting to reduce the landscaping width to three feet. • -2- • KENT BOARD OF ADJUSTMENT MINUTES June 1 , 1987 The scheduled meeting of the Kent Board of Adjustment was called to order by Acting Chair Walter Flue on the evening of Monday, June 1 , 1987, at 7:30 p.m. in the Kent City Hall , City Council Chambers. MEMBERS PRESENT: Walter Flue, Acting Chair Robert Jarvis Robert Kitto MEMBERS ABSENT: Phyllis Mauritsen, Chair, excused Beth Carroll , Vice Chair, excused PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Kathy McClung, Associate Planner Libby Hudson, Assistant Planner • Greg McCormick, Assistant Planner Lois Ricketts, Recording Secretary APPROVAL OF APRIL 6, 1987, Mr. Kitto MOVED that the minutes BOARD OF ADJUSTMENT MINUTES of the April 6, 1987, Board of Adjustment meeting be approved as printed. Mr. Flue SECONDED the motion. Motion carried. CERTIFICATE OF APPOINTMENT Robert Jarvis was presented a Certificate of Appointment to the Board of Adjustment by Acting Chair Flue. Acting Chair Flue administered the oath to all who intended to speak and explained the meeting procedures. He explained that there must be three affirmative votes to approve a variance. There were only three members present; therefore, the vote must be unanimous for approval . Both applicants asked for their variance requests to be presented. WILLIAM R. HOFFMAN, VARIANCE #V-87-1 Mr. McCormick presented the request for a variance from Section 15.04.050 E1 which requires a minimum lot width of 70 feet in the MRM, Medium Density Multifamily Residential zoning district. • The applicant wishes to create through a short plat two lots of 7,200 square feet with a minimum i � r Kent Board of Adjustment Minutes June 1 , 1987 I I lot width of 60 feet so that the homes can be sold individually. The site is located at 709 and 715 outh Fifth Avenue in a predominantly residential area. The site is approximately 14,400 square feet in size. An application was sub- mitted and approved in 1980 (#V-80-2) for a variance which would allow division of this property as pro osed. This application expired after one year when the applicant did not proce d with the short plat. The Planning Departmentihas reviewed the proposed variance request and made the following comments regaltding the conditions necessary for granting a variance: 1 . The Planning Department finds that the required lot width in the MRM zoning district is 80 feet, an the minimum lot width in single family zones is 70 feet. The lots in this area w re platted at 60 feet by 120 feet which yields 7,200 square foot lots, the minimum lot size in the R1-7.2 Single Family Residential zoning district. Grant ng the variance would create two lots that are the exact size of other lots in t is area and would enable the applicant to sell the two homes to separate owner$. 2. The Planning Depart ent finds that this variance is necessary to provide the applicant use right and privileges permitted to other property owners in this vicinity. The applicant wishes to split the property into two lots which would be the same 60 fo6t width as other lots in the area. i 3. The Planning Department finds that granting of this variance will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity. Land Use will not change, but the subject lot would be divided into two parcels. The Planning Departmentjrecommends approval with the condition that the applicant sign a no-protest LID c venant for street and storm system improvements on Fifth Avenue. i There were no comments from the public. Mr. Kitto MOVED that the public hearing be closed. Mr. Jarvis ECONDED the motion. Motion carried. Mr. Kitto MOVED that the variance be approved for the reasons set forth in the Planning Department comments. Mr. Jarvis SECONDED the motion. Motion carried unanimously. ORANGE JULIUS/ART KLEPP6 Ms. Hudson presented the requests VARIANCE #V-87-2 of S. A. M. Associates, the appli- cant, for the following three variances: (1 ) The applicant; is requesting a variance from the minimum lot area re- quirement of 15,000 square feet for a drive-in restaurant as required by Section 15108.020 D1 of the Kent Zoning Code. (2) Request for a variance to reduce the required twelve (12) foot one-way drive aisle width to ten (10) feet. (Section 15.05.080 B) -2- Kent Board of Adjustment Minutes • June 1 , 1987 (3) Request for a variance from the required ten (10) foot landscape buffer where the subject site abuts residential zoning, required by Section 15.07.060 of the Kent Zoning Code. The applicant is requesting to reduce the landscaping width to three (3) feet. The subject property is located on the west side of 104th Avenue SE, approximately 200 feet south of 240th Street, is zoned CC, Community Commercial , but borders on MR-M, Medium Density Multifamily Residential , and has a total area of 10,690 square feet. The property contains two parcels, "A" containing 8,490 square feet and "B" containing 2,200 square feet. The Comprehensive Plan designates the site as Community Retail . The land use in the area is a mixture of commercial and some residential . The site has direct access to 104th Avenue S. E. , an arter- ial which is adequate to serve the proposed development. The subject property has had three prior variance requests before the Board of Adjustment. Variance application #V-79-1 was denied, Variance #V-85-1 was denied, and #V-86-3 was withdrawn. 1 . The Planning Department finds that the site currently meets the minimum lot size for the zoning district but not for a drive-in restaurant. The Kent Zoning Code does not have a definition for a drive-in restaurant, but staff has deter- mined by policy that any restaurant which serves customers in their vehicles at a drive-up window is considered a drive-in restaurant. Since this is consid- ered a drive-in restaurant, it falls into a "special permit use" category outlined in Section 15.08.020. This states that the minimum lot area requirement is increased from 10,000 square feet, the CC requirement, to a minimum of 15,000 square feet. The additional 5,000 square feet provides needed maneuvering area for vehicles using the drive-up window. This is in addition to any required parking for the restaurant. The proposed restaurant will serve only drive-up and walk-up customers. While the proposed development will require maneuvering area for the drive-up window, the on-site parking requirements are very low. The site area of 10,690 square feet is adequate for the proposed development and would not be a special privilege inconsistent with the 10,000 square foot lot minimum required for other properties in the area or the Community Commercial zoning district. The second request is to reduce the one-way drive aisle width from 12 to 10 feet. Two of these aisles serve as stacking space for the two drive-up windows, while the third aisle is a by-pass lane. The 12-foot minimum aisle width requirement refers to the Minimum Parking Design Standard, Section 15.05.080 B. There is nothing in the zoning code that speaks directly to drive-up window aisle width requirements. The Public Works Department has determined that a 10-foot aisle width would be adequate to serve vehicles at a drive-up window. This has been allowed for similar projects. Therefore, a variance from the 12-foot aisle width to 10-foot width would not be a grant of special privilege. The applicant's third request is for a variance from the required 10-foot land- scaping requirement along a portion of the west property line. This requirement is applied only to those Community Commercial-zoned properties which abut residen- tial districts. The subject property has this requirement applied where the subject site' s west boundary abuts the Mardi Gras Apartment parking lot, which is zoned Multifamily. The applicant is proposing a four-foot-high rock retaining wall , a six-foot solid wood fence, and a three-foot strip of landscaping. The -3- I I Kent Board of Adjustmen June 1 , 1987 10 feet of landscaping Could be placed as required if the applicant eliminated the by-pass lane. A fiance from the 10-foot landscaping requirement would be a grant of special p ivileges because other properties abutting residential districts in the vicinity and in the Community Commercial zoning district, which have developed under th� current zoning code, have complied with this landscaping requirement. 2. The Planning Depart ent finds that the site meets the minimum lot size of 10,000 square feet for he CC zoning district and all setback requirements for special permit uses hav been met; however, the special use standards apply because a drive-in rest urant is being proposed on the site. Under the special use permit standards th minimum lot area is increased to 15,000 square feet. Because of the long, na row and irregularly-shaped lot, a drive-in restaurant has been proposed. Thelrestaurant will have no inside seating and will serve drive-up and walk-up customers only. This type of drive-in does not require as much on-site parkingjas might otherwise be required. The developer has tailored a drive-up and walk-up restaurant for this constrained site. The Planning Department fee s that this is a viable use for this site. 3. The Planning Department finds that the landscape variance has been requested along the western portion of the property which abuts the Mardi Gras Senior Citizen Apartment complex parking lot for the apartments. This would create less impact on the apartment residents than a two or three-story building which is permitted in this zorie. The applicant will be required to place Type II land- scaping along the western boundary of the property, which requires a visual screen and a sight-obscuring f nce. The requirement is for 10 feet of landscaping while the applicant is requesting three feet. I Granting a variance to teduce the one-way drive aisle width to ten feet would provide adequate width lor drive-up window service. Reducing the minimum lot area from 15,000 square feet to 10,690 square feet would still provide the minimum lot area required by thE Community Commercial zoning district for the subject site. The Planning Dep rtment does not feel that this variance will be detrimen- tal to the public welfar e or injurious to other surrounding properties. The Planning Departmentirecommends approval for Requests #1 and #2 and Denial for Request #3. The redommendation for denial for Request #3 is based primarily on the fact that it would be granting of a special privilege. Also, it is based on the fact that the 10 foot landscape buffer could be provided if the by-pass lane were eliminated. Approval for variance Requests #1 and #2 is with the following condition: I The developer shall agree to participate in the formation of an LID to con- struct the South 2 4th/228th Street corridor project in order to mitigate the estimated 60 P.M. peak-hour trips traveling east/west on South 240th Street. Participation shall be based upon a proration of traffic generated by his center and the total traffic using the corridor. This condition shall be executed in the form of an environmental mitigation agreement. I -4- Kent Board of Adjustment Minutes June 1 , 1987 Edward McHugh, architect for the project, explained that this new concept, Orange Julius Ala Car, is the first site of its kind and is to be located in Kent. Customers would be entering the property by using lane 1 , stopping at the menu area to order, paying at the first window, and then picking up the order at the 2nd window and continuing through the joint-use area into the street. A second drive-through lane for peak-hour times would take care of the overflow and backup of cars. The third lane would be a by-pass lane. He felt this was critical because people may come onto the property inadvertently and wish to exit. This lane could also be used for deliveries and garbage collection. The area in question would have maple trees planted 20 feet on center, laurel bushes and junipers; then the six-foot-high, sight-obscuring fence would be built on top of the rockery. There would be a few feet of land between the rockery/ fence and the Mardi Gras parking lot. He pointed out that 38 percent of the site would be landscaped. Jack Ewing, engineer for the applicant, pointed out that the by-pass lane was requested by the Traffic Engineer and provided because of the applicant' s desire for smooth traffic flow through the site. The only way this extra lane can be accommodated is by reducing the landscaping strip. He was concerned about the request to participate in the 224th/228th Corridor. The property had already been involved in LID #292, the widening of the Benson Highway, and now they were being asked to participate in another LID which would cost $64,560. He did not feel that it would be feasible to develop the property with this type of impact. Ms. Hudson pointed out that this is an Engineering Department request. This may be a high-volume traffic area which may impact the intersection, but if the applicant could document the projected vehicle trips, this request could be recon- sidered. Acting Chair Flue opened the public hearing. An unidentified apartment resident spoke about trees that had been removed pre- viously so that the residents could see across the street to the shopping area. She wanted to be assured that the Mardi Gras Apartment driveway would not be used by customers of the restaurant. Ms. Baldwin, an apartment resident, felt that if there were no Julius Ala Car parking in the apartment area, there would not be a problem for the residents. Mr. Kitto MOVED that the public hearing be closed. Mr Jarvis SECONDED the motion. Motion carried. Mr. Kitto felt there was no controversy over the first two parts of the variance. He did not see that the 224th/228th corridor request should be required on this type of variance request. He did not feel that the reduced landscaping request would be a grant of special privileges especially since they would be providing not only landscaping but also the fence and the retaining wall . He did not feel that it would have any detrimental effect on the apartment residents. He felt that there could be a traffic problem if they did not have the by-pass lane. . He was in favor of granting the variance as requested without the 224th/228th corridor requirement. -5- I Kent Board of Adjustment Minutes June 1, 1987 i Mr. Kitto MOVED that a 1 three parts of the variance be approved and that the 224/228th corridor pro ect requirement requested by the Public Works Department not be part of this ap roval . Mr. Jarvis SECONDED the motion. Motion carried unanimously. . I ADJOURNMENT Mr. Kitto MOVED and Mr. Jarvis SECONDED the motion to adjourn the meeting. Motion carried. The meeting was adjourned at 8:40 p.m. . Respectfully submitted, i Jame P. Harris, S cretary i i i i i i i i I I i i I I i i i I I i _6_ i