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HomeMy WebLinkAboutPermit File 1501 Georgia Place I55 0) CQ2o‘rc ..c0 McINTOSH, LEWIS, EVANS & NIELSEN ATTORNEYS AT LAW GEORGE E MCINTOSH McINTOSH BUILDING KENNETH J EVANS (2061 336-2404 506 MAIN (2061336-5725 MICHAEL L LEWIS MOUNT VERNON, WASHINGTON 98273 WM. H NIELSEN 12061 336-5709 (2061 336-5725 August 22 , 1989 Anacortes Planning & Community Development Dept. Attn: Edwin Frank P.O. Box 547 Anacortes, WA 98221 Re: John Sargent Dear Mr. Frank: Our office has been contacted by Mr. John Sargent regarding a letter you sent to him on August 7 , 1989. While I have not previously been involved in this matter, I have received a fairly comprehensive explanation of what occurred. Some important considerations have developed since Mr. Sargent has put the building in. One of the primary concerns is that with a six foot gap between the buildings, there is simply no security available and it is an open invitation to theft and burglary problems. Mr. Sargent has also become aware that Dr. Clure, his next door neighbor, has been granted a permit to build a four car garage which exceeds the total area of the two buildings built by Mr. Sargent. It is my understanding that the 1000 square foot restriction was based at least in part upon a misunderstanding of the state building code and that a 3000 square foot building was approved by the fire chief when this matter first came to light. Probably the most untenable matter for Mr. Sargent is the hearings which were held by the Board of Adjustment. Frankly, there is a significant question in my mind as to whether a Board of Adjustment hearing was even appropriate and whether Mr. Sargent did in fact have to apply for a variance. However, assuming the validity of the necessity for the hearing, the manner in which it was held presents some serious legal questions. Prior to the Board of Adjustment hearing, the chairman Mr. Threet attended a city council meeting concerning the street vacation of Mr. Sargent' s property. Mr. Threet was the only person in the audience who argued against the vacation. The council nonetheless vacated the streets. Since there were two hearings which Mr. Threet resided and apparently during which the Mayor advocated granting of the variance, it seems clear to members of the public that an appearance of fairness violation has occurred. In order to resolve this problem without all parties being involved in a lawsuit in Superior Court, might I suggest that we once again schedule a variance hearing before the Board of Adjustment but one at which Mr. Threet is neither the chairman nor a participant. I believe we will then be in a position to present our case without it appearing that the matter is foreclosed before we can start. Thank you for your consideration. Sincerely, WM. H. IELS WHN: jr cc: John Sargent Steve Mansfield Major James Rice ANACORTES LEGAL DEPARTMENT CO P.O. BOX 547,ANACORTES, WA 98221 +tire/ STEPHEN MANSFIELD, CITY ATTORNEY August 25 , 1989 Mr. William H. Nielsen McIntosh, Lewis, Evan & Nielsen Attorneys at Law McIntosh Building 506 Main Street Mt. Vernon, WA 98273 Re: John Sargent Dear Bill: Mr. Frank is out of the office for a few days and I 've elected to respond to your letter of August 22, 1989. I will attempt to get a more detailed history of the events so that I can respond more completely to you. In the meantime, it is my feeling that Mr. Sargent has perhaps not given you the full picture relative to the events discussed in your letter. Mr. Sargent knew full well what the rules and regulations were relative to his buildings and, in my opinion, has attempted to deliberately violate those rules and regulations. The situation with the type of building and the limitation on square footage is dictated by the Uniform Building Code from which there is no variance. The ability to place the building in that location at all and to build a seconardy structure prior to the construction of the primary structure (his residence) was a privilege granted him against my recommendation because I anticipated just such a problem as now seems to exist. Mr. Sargent actually got everything he could reasonably have expected to have gotten from the Board of Adjustment which makes his claim of a violation of the Appearance of Fairness untenable. In addition, of course, time limits have significantly expired relative to appealing any action taken by the Board of Adjustment. Mr. William H. Nielsen August 25, 1989 Page 2 While I will wait until I have an opportunity to review this matter in more detail with Mr. Frank, I think you can assume that the position of the City is that Mr. Sargent is in violation of the Uniform Building Code as well as the conditions of the variance granted to him. Assuming that to be the case, you can anticipate that we will take enforcement action against Mr. Sargent unless he voluntarily complies. If you have any questions concerning this matter, please let me know. Yours truly, CITY OF ANACORTES Stephen E. Mansfield City Attorney ( 206) 293-1912 SEM:cm cc: James Rice Ed Frank Ian Munce s ,l MCINTOSH, LEWIS, EVANS S. NIELSEN ATTORNEYS AT LAW GEORGE E MCINTOSH MCINTOSK BUILDING KENNETH J EVANS 1206) 336-2404 12061 336-5725 506 MAIN MICHAEL L LEWIS MOUNT VERNON, WASHINGTON 98273 WM H NIELSEN 1206) 336-5709 1206) 336-5725 'I August 22 , 1989 Anacortes Planning & Community Development Dept. Attn: Edwin Frank P.O, Box 547 Anacortes , WA 98221 Re: John Sargent Dear Mr. Frank: Our office has been contacted by Mr. John Sargent regarding a letter you sent to him on August 7 , 1989. While I have not previously been involved in this matter, I have received a fairly comprehensive explanation of what occurred. Some important considerations have developed since Mr. Sargent has put the building in. One of the primary concerns is that with a six foot gap between the buildings, there is simply no security available and it is an open invitation to theft and burglary problems. Mr. Sargent has also become aware that Dr. Clure, his next door neighbor, has been granted a permit to build a four car garage which exceeds the total area of the two buildings built by Mr. Sargent. It is my understanding that the 1000 square foot restriction was based at least in part upon a misunderstanding of the state building code and that a 3000 square foot building was approved by the fire chief when this matter first came to light. Probably the most untenable matter for Mr. Sargent is the hearings which were held by the Board of Adjustment. Frankly, there is a significant question in my mind as to whether a Board of Adjustment hearing was even appropriate and whether Mr. Sargent did in fact have to apply for a variance. However, assuming the validity of the necessity for the hearing, the manner in which it was held presents some serious legal questions. Prior to the Board of Adjustment hearing, the chairman Mr. Threet attended a city council meeting concerning the street vacation of Mr. Sargent' s property. Mr. Threet was the only person in the audience who argued against the vacation. The council nonetheless vacated the streets. 0 PY i Since there were two hearings which Mr. Threet resided and apparently during which the Mayor advocated granting of the variance, it seems clear to members of the public that an appearance of fairness violation has occurred. In order to resolve this problem without all parties being involved in a lawsuit in Superior Court, might I suggest that we once again schedule a variance hearing before the Board of Adjustment but one at which Mr. Threet is neither the chairman nor a participant. I believe we will then be in a position to present our case without it appearing that the matter is foreclosed before we can start. Thank you for your consideration. Sincerely, WM. H. IELS WHN: jr I cc: John Sargent Steve Mansfield' Major James Rice BOARD OF ADJUSTMENT MINUTES - MARCH 16, 1989 REGULAR MEETING Meeting called to order by Chairman Richard Threet at 7: 30PM. Members present: Richard Threet , Maury Ruddell , Tom Leahy, George Mehler Staff present: Edwin Frank Minutes of February 2, 1989 meeting were approved on a motion by Mr. Ruddell , seconded by Mr. Leahy, and passed with all ayes. Sargent Variance (4th St. West and Georgia Ave. ) - REHEARING A rehearing of this variance request (accessory building size and height) was scheduled at Mr. Sargent 's request. Mr. Sargent purported to have new testimony; the notice of Preliminary Agenda for the meeting stated no additional information had been submitted. There is the question whether the rehearing was procedurally correct. Mr. Threet read a memo, dated March 15, 1989, from Mr. Sargent and distributed at the meeting. The memo addressed Variances, Conditions Governing Application, Section . 12. 1 .d. (2) of the Zoning Ordinance - ie. conditions the applicant must demonstrate for action by the Board in a variance decision. The memo stated that the steep, rocky terrain of the building site was a special condition argument for variance approval . Mr. Sargent contended that a building lot size should be considered in applying the 1000-square foot maximum accessory building limitation provision of the Zoning Ordinance. A large lot , in this case 8+ acres, can accommodate the requested 1500-square foot building with very little impact on the appearance of the surrounding neighborhood. He stated that the proposed 1 building was of minimal size for storing his vehicular equipment. Mr. Threet expressed his opinion that the Board was not empowered to act on dimensional variances for an accessory building built prior to construction of a main residence (disallowed in the Zoning Ordinance) . He questioned the apparent authorization to permit this exception to the Ordinance. In response to Mr. Leahy, Mr. Sargent suggested that, if the site topography were flat , he would not construct an accessory building , but rather have attached storage on his residence. Mr. Leahy stated however , that although topography may affect location of the accessory building on the site, it is not ground for size relief from the Ordinance. The following spoke at the meeting in support of Mr. Sargent: - Mr. Littlefield (2219 15th St. ) stated that an accessory building (1000sq. ft. ) on his property narrowly provides needed storage, with no desirable extra room. He suggested that the Board should look at accessory buildings for storage to meet individual needs. He estimated there would be little demand for storage over 1000sq. ft. throughout the City. - Mr. Frans (2018 3rd St. W) stated his storage building ( 1000sq. ft. ) is inadequate for his purposes. He felt that the Zoning Ordinance should have flexibility so that City residents can have covered storage for RVs, boats, etc. - Mr . Taylor (3119 2nd St. W) had no reservations about the size of the proposed building; the building would have little visible impact on the neighborhood because of location. - Mr . Lindbo (1418 Georgia Ave. ) had no reservations about the size of the proposed building. He felt a building to enclose Mr. Sargent 's vehicles would tidy up the appearance of the location. - Dr. Clure (2705 Clure Way) also had no reservations about the proposed building. He observed that the 1000-square foot maximum accessory building provision of the Zoning Ordinance is a means of controlling building density on a site, particularly on platted lots within the City. Building density is not an apparent concern in the matter under discussion. - Mayor Rice stated that approval by the City for Mr. Sargent to construct an accessory building before a main residence was based on the fact that Mr. Sargent had already made on-site utility investments. This demonstrated good faith in his intention to proceed with main residence construction in the near future. Mr. Sargent indicated he had spent $55M for utilities to date. In a reply to Mr. Threet , Mr. Frank stated that the Ordinance does not prohibit multiple accessory buildings (each up to 1000sq.ft. ) on a site, but with 6-foot separation. Mr. Mehler expressed concern that a favorable decision in this matter might establish a precedent for similar future variance requests in Residential Zones. The sampling of testimony at the meeting would indicate that such requests may not be that uncommon throughout the City. After further discussion , Mr. Mehler moved that the size and height variances be granted as requested. Motion failed for lack of a second. Mr. Mehler commented that some consideration of site area may be used in defining accessory building size limitation. However , with no such provision in the Zoning Ordinance, he felt the Board could employ its own accessory building size-site size policy in dealing with these issues, and thus control similar future variance requests without setting precedent. In rebuttal , a comment suggested that future subdivision of a large lot (with oversized accessory building) would lead back to a building density problem. In reconsidering the issue, Mr. Leahy stated that the Board should act on the intent of the Zoning Ordinance rather than considering specific details inviolate in reviewing this variance request. Mr. Mehler moved, Mr. Leahy seconded a motion to grant the variances as requested. Motion failed to pass on a vote of two ayes (Mehler . Leahy) and two nays (Threet, Ruddell ) . Rekevics Variance ( 1415 20th St. ) Mr. Threet read this request for front-yard and side-yard setback variances from 20 to 18.5 feet and 5 to =.5 feet, respectively, for construction of a single-family residence. The setback encroachment would be for roof overhang. Mr. Rekevics stated that the building site is a non-conforming lot of record measuring 70 ' X 60 ' , bought at auction from the City (acquired via non-payment forfeiture of a street LID assessment) . He stated that 20th Street is developed to 40-foot width with a platted 80-foot right-of-way, thus creating an effective 40-foot front setback. The proposed house has an area of about 950sq. ft. Mr. Frank read a memo (and repeated a telephone conversation) from Mr. Antsen (landowner 1419 20th St. ) expressing concern about the construction because his sewer service crosses the property. Mr . Bosworth (1405 20th St. ) had no objections; there were no objections from City Staff . • Mr. Ruddell suggested positioning the house to a 17-foot front setback to obviate the side-yard variance and reduce congestion in this area with a neighboring house. Mr . Ruddell moved , Mr. Leahy seconded a motion to grant a front-yard setback variance from 20 feet to 17 feet, with no side-yard setback variance. Motion passed with all ayes. The Board reasoned that the special condition of a small non-conforming lot created a hardship for the applicant in building a residence of a practical size. Meeting adjourned at 8: 45PM. Respectfully submitted, George Mehler RECORD OF FINDINGS AND DECISION OF BOARD OF ADJUSTMENT DATE /Alen /64 J 19 1 APPLICANT 0I}l0 SAg4Ir ADDRESS 41 wa-j 'c4Aivr . APPLICATION NUMBER Description of application heard (variance, appeal , etc.) pU‘E irece-AIY Mum? low- 16 `-re 201 &tri &ut '► Iwo ookPr• Date application filed JAilum42.o, i4ii ( tt161Wktty Ste& 21.c 116!) Date of hearing AnARc 4 (6 , 14gt gaitletio of BP-i,4A1b1l-: t4g9 DECISION After review and hearing on the application in accordance with applicable provisions of the Zoning Ordinance the Board finds that: (findings) 1Uft�l. oti aiL4 DP" AQPucMt `ro boa s cpetipit, eaN ni-wJs NWT vp 445 .knoNS$ CAt 4106 * 400514 ,a 0o401114 wt- - t PkVUoW pF avNtA)6 OKOtt In accordance with above findings the application is •rant, . denie, circle one) . In granting the application the Board prescribes the followthct nditions which must be met: • I • SECRETARY, OAR 0 ADJUSTMENT 3 'szar' CITY OF ANA ^TORTES BLDG. !‘ir PLUMBING ❑ MECHANICAL ❑ PERMIT N2 O S 3 Telephone 293-1901 J /(` r/ -- 19� Anecartp,WA Date �J PERMISSION IS HEREBY GRANTED TO: OWNER �Ci; `r(1 . 7AVff'secr -.' STREET / ADDRESS /0 V/ Locationre work is to be done _ CONTRACTOR A� /.JL_ ! LIfGet/ Xtl/C /.%/ JOS TO ERECT .I INSTALL ❑ OR REPAIR //❑ IpJTHE FOLLOWING MANNER: ` Y,31Cr :'3 /F e1y1/S S psi2 w:> l,. 1 ad( f/ /f f 4-.S - Arc&.. \r✓'7 'O A .<41..s. PERMIT EXPIRES ONE YEAR FROM DATE ISSUED PLANS FOR CONSTRUCTION WERE ERE 0 SUBMITTED WORK TO BE DONE BY OWNER 0 CONTRACTOR 1+1, RECEIPT OF FEES IS ACKNOWLEDGED AS FOLLOWS: APPROXIMATE VALUE TYPE PERMIT FEES OF WORK State Building Code Surcharge 3 > State Energy Study Surcharge jPS Building /1' 0 00 CIa Cf clC -i Plumbing and W.S. Mechanical Plan Check Fee 57 00 • TOTAL /3 3 50 LEGAL DESCRIPTION 3?o7.- .5/!— oG I "O0G/ ( CITY I NsPOR APPLICATION TO BOARD OF ADJUSTMENT REQUEST FOR VARIANCE DATE 97)- 09 APPLICANT o.)o_.,d C SA FeCF Ai i ADDRESS /.23 7 e /-iR &ft/EL/6 Gc,a. - 9 s 5'`L PHONE ) 10— 29s7 Location of property where variance is requested 5({/ { Cr° e Description of.yariance being requested and purpose of variance (use additional page if necessary) —H • �/�QUL� j i AT ? /5a ,Clccocr,s/) r*v ��•�.;�rz4 cT is ,A c coc�SS� 7 13cbt.1,20, <, uo cS- y. is p A(O v`2 0' < N (C!-�ciic t2 .S kvE446c v-(' '�dw17} `- /7 U (C(fc);// ific_k/i Provision of Zoning Ordinance from which variance is requested. Include section and page numbers. ,or/ 4cc sscc ' 60e1c- i<cfG� - Dien/ s..;_ /pou V Li Liu/L c f54t�7 !r% IJ&,ahe7 C . &c.) r✓Sti )7/Z4u71 5 Justification for variance as outlined on page 58 of the Zoning Ordinance, para. i-v shall be provided. � `7/r+ c/te« /5 L✓ // hc' re0- etA Ca.R ✓I'-�'f /flak•.vf •'T � /e 1 / a .c R V 2gaq #ne / ./e ry �c�,Shy"i�M�. / '/ p /r/Er/� �AaY3 /,e e w The .C, 1*//• j/ Applicant shall attach names and addresses of all abutting property owners. tea-✓c- Variances shall be limited to the area and dimensional requirements of the Zoning Ordinance. Construction must commence within 90 days of grant a variance. Attach maps, diagrams, or other material which explains or supports variance request. Attach application fee receipt. y (s) of Appli4ant(s) FOR STAFF.: If above section is satisfactorily completed then: (ocivci,_ c ienimg , 1 . Set date for Board of Adjustment hearing. Date set Or) t, Mr 7.'3° 6?n9 2. Make public notification of hearing and notification to parties of interest. Date of Notification 3. Notify relevant City departments and request reports to be available prior to hearing. 4. It is requested that the applicant be present at the meeting so any questions may be answered. Y � O� ANACORTES PLANNING & COMMUNITY DEVELOPMENT DEPT. (INCLUDING BUILDING AND PERSONNEL DEPARTMENTS) P.O. BOX 547, RNRCORTES, WA 98221 4.A 1891 ' V IRN MUNCE, DIRECTOR August 7, 1989 Mr. John Sargent 1237 E Fir Othello, WA 99344 Dear Mr. Sargent: As you are well aware the two 24' x 30° pole buildings that were built on your property at 1501 Georgia in Anacortes have now been joined to become one building. Permit No. 6853 dated April 7, 1989 was issued for two buildings. This was in response to your request to build an accessory structure prior to construction of the primary residence. The conditions for the permit were spelled out in the January 20, 1989 letter from Mayor James Rice and acknowledged by you January 23, 1989, also that the Board of Adjustment denied a building larger than 1,000 sq. ft. in area at a hearing which you attended on February 2, 1989. As of this date, the two storage buildings have been joined to become one storage building with an area in excess of 1,000 sq. ft. This condition is in violation of the permit, the Zoning Ordinance, the Mayor's letter referred to above and the findings of the Board of Adjustment. I, therefore, must direct you to correct the aforementioned violation within ten days. If you have any further questions concerning this matter, please contact me at 293-1901 or Mr. Steve Mansfield, City Attorney at 293-1912. Respectfully, CITY OF ANACORTES Edwin A. Frank Building Official cc: Mayor James Rice Steve Mansfield, City Attorney Board of Adjustment SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. 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