HomeMy WebLinkAboutPermit File 4800 Oakes Avenue 0806204-2 0001. 03/03j2008 002 4
2 of Anacortes Perini t Fees 005658 $40.75
GL O� City Street Permit#: BLD-2008-0100
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Issue date: 03/03/2008
�`�'� P 547 Expire date: 03/03/2009
AnacOrtnacortes, WA 98221-0547
y` e,` (360) 293-1901
Job Address: 4800 OAKES AVE Permit Type: Sign Permit
ANACORTES WA 98221-4048 Project:
APN: P31588
P31625
P31628
P31652
Remarks: Temporary sign indicating the development.
Owner: PORTALIS LLC Contractor:
Address: 4819 PORTALIS WAY Address:
ANACORTES WA 98221-4031
Phone: (360)202-6145 Phone:
License#:
General Information: Fees:
Building Valuation 1200 Building Permit Fee 36.25
State Building Code Fee 4.50
Total Calculated: 40.75
Deposits/Receipts: 0.00
Total Due: 40.75
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF
CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I
HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL
PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR
NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER
STATE OR LOCAL
LAWREGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. j'a
SIGNAT RE OF OWNER OR AUTHORIZED AGENT ISSUED BY
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Customer Signature: Data
CUSTOMERS LIABILITY-Please proof the Speclftcetlons carefully.
You are the FINAL INSPECTOR.
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BOARD OF ADJUSTMENT
MINUTES SEPTEMBER 4, 2003
REGULAR MEETING
Meeting called to order by Chairman pro-tern John Curtis at 7:15PM.
Members present John Curtis, Ken Wilson, George Mehler
Staff present Ed Frank
Schroeder(Portalis Development) Variance (4800 Oakes Avenue)
Mr. Schroeder reviewed this request for a variance in height of a retaining wall from a maximum of seven feet
to a maximum of 17 feet in association with the proposed construction of Portalis Way Street entrance to the
planned Portalis Community Development.
Mr. Schroeder mentioned that, in discussions about the design of the development layout, the City directed
that the proposed Portalis Way access to the development align with the existing Harbor View Place
intersection at Oakes Avenue. This location places a section of the proposed street closely adjacent to and
roughly parallel to the property line with Port of Anacortes acreage. The location also more-or-less follows a
natural ridge into the Portalis property and, with grading to an acceptable roadway grade, would create a
significant topographical elevation drop-off to the Port property. Mr. Schroeder stated that the Port would not
grant a slope easement extending up to twenty-five feet into their property to mitigate this topographical
difference. He indicated there was no other alternative but to construct a retaining wall along the property
line.
The City Development Review Committee has approved the request.
Board members expressed serious concern about the traffic safety problem created by the proposed Portalis
Way access onto Oakes Avenue. Mr. Schroeder explained that this configuration, including some specific
improvements to Oakes Avenue, successfully went through the City planning and approval process and was
accepted by the State Highway Department.
A motion was made (MehlerAMlson) and passed with all ayes to grant the requested variance in maximum
retaining wall height. The Board noted, with reservation about the safety of the Oakes Avenue access, that
the total project, with this street configuration, met with the approval of all agencies involved and that denial
of the variance request would essentially send the project back to the drawing boards.
Cox Variance (2215 22nd Avenue)
Mr. Cox reviewed this request for a variance in fence height on a retaining wall from a maximum of 2'6"to six
feet.
Mr. Cox stated that the subject building site was excavated to a level site with a retaining wall ranging from a
few inches to three feet constructed along the rear alley of the property. The fence was placed on the
retaining wall to provide rear-yard privacy for the residence. The fence was erected six feet above the 3-foot
dimension of the retaining wall and the retaining wall plus fence extended at a constant 9-foot height along
the rear property line. Mr. Cox supported the request indicating had not the site been excavated a 6-foot
fence along the rear property line would be permissible.
A diagram with the variance application indicated by a yellow line that the variance request appeared to apply
to the rear side-yard as well as to the rear of the property. Mr. Cox seemed unclear about this so the Board
assumed the request applied to both locations, indicating a 9-foot wall as seen from the adjacent property as
well.
'The City Development Review Committee has approved the request.
. 2
A motion was made(Mehler/Wilson)to deny the variance request with a vote of two ayes(Wilson, Mehler),
one nay (Curtis). The assenting members reasoned that the special condition (of excavation) prompting the
variance request resulted from an action by the applicant. Mr. Frank noted that the Board Rules of Procedure
require a minimum three concurring votes to decide a matter before the Board; motion failed.
A motion was made (Mehler/Wilson)to grant the variance request with a vote of one aye (Curtis), two nays
(Wilson, Mehler). Mr. Mehler reasoned that failure of the motion to grant the variance meant that the variance
request was not granted. Mr. Frank questioned this logic and will discuss the matter with the City Attorney,
A motion was made (Mehler! lson) and passed with all ayes to continue the variance request hearing to the
October Board regular meeting should the above second motion be ruled invalid.
Meeting adjourned at 8:1
Respectfully submitted, r
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RECORD OF FINDINGS AND DECISION OF
BOARD OF ADJUSTMENT
r r� `f 21903
n n "� n�DATE:�����` ,j
APPLICANT: Q LL Q i� � - Vb/ti/IL1 DNEWIMEIVF
ADDRESS: 14&iV CAKES I Wt%Wuc
Description of application heard(variance, appeal, etc.)
PA-owte - AiNin1: inAtt au t wr 7 To i1
DATE APPLICATION FILED: 41111,1 )1, -VoO3
DATE OF HEARING: ( (� 11i;
DECISION
After review and hearing on the application in accordance with applicable provisions of
the Zoning Ordinance the Board finds that: (findings)
(oAdvpieta OR A 9WJe i' MPI'WW by Coy Akio
In accordance with above findings the application 's an denied(circle one). In
granting the application the Board prescribes the fo owing conditions which must be
met:
Sec tart', d of Adjustment
06/16/03 MON 14:19 FAX 3602 1938 EXECUTIVE ^ U 002 1
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�rn; APPLICATION TO BOARD OF ADJUSTMENT
ti REQUEST FOR VARIANCE
APPLICANT: 496404 Washington, Inc. PHONE: (360 ) 675-2438 / 293-4859
BAILING ADDRESS: 1004 Commercial Avenue. Suite 109
CITY: Anacortes STATE: WA SIP: 98221
ADDRESS OP PROPERTY NEERE VARIANCE IS REQUESTED:
4800 Oaks Avenue, Anacortes, Washington
LEGAL DESCRIPTION: LOT: _ BLOCK: pyaT: see ExOti3t-y A (attached)
P31655-350122-0-021 -0007
ASSESSORS ACCOUNT NUMBER: P21FRn-150122-0-013-0007
Description of variance beiingSiegiiesOte endOpurpose of
variance. (Use additional pages if necessary)
see Exhibit B - (attached) ^so OR4wtr(a Si=3 LA rt cAl )
Provision of Zoning Ordinance from which variance is
requested. Include section and page number.
Chapter 17 .52 .050 (c)
Justification for variance as outlined in Part 17.10.040E of
the Zoning Ordinance. (Use additional pages if necessary.)
see Exhibit 3 - (attached)
Applicant shall attach names and addresses of all property
owners within 300 feet of the property. see Exhibit P - (attached)
Variances shall be limited to the .area and dimensional
requirements of the Zoning Ordinance.
Construction must commence within 90 days . if a variance is
granted.
i
Attach maps, diagrams, or other material which explain or
support the variance request. i
e �r /i July 21 , 2003
Si nature(s) Applicant(s) Date
Allan Schroeder
Receipt No. : Date: Appl.No. :
Hearing Date:
REVISED 2/96
VARIANCE REQUEST
Date Received: 8/19/03 Logged In: ❑
Logged Out: ❑
Time:
Reference:1800 Oaks Ave]
Please initial if approved and / or include comments:
Street Department: 5?JQ & i4.
Comments: o!c
Water Department:his 0743
Comments: @-r/
Sanitation Department: `/I/CA- 1 2 u— 03
Comments: ,5(e
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City of Anacortes Board of Adjustment
Proposed Agenda
Thursday, September 4, 2003
7:00 P.M. — Council Chambers
1. Call to order.
2. Minutes from last meeting.
3. Approval of agenda.
New Business
1. Variance Request—4800 Oakes Avenue. Construct 15-foot high retaining
wall. 34 to C s,.l 4Ls `12e5
2. Variance Request —2215 22nd Street. Construct 6-foot high fence on top of
retaining wall.
0
Memorandum
To: Board of Adjustment
From: Ed Frank, Development Review Group
Date: 8/29/2003
Re: 4800 Oakes Avenue
The development review group reviewed the proposal for a high retaining
wall associated with development of the access road to the Portallis Plat.
The group supports the applicant in that the retaining wall is necessary to construct the access road at
an acceptable grade.
1
Building Department
Memo
To: Gary Barnett, Dan Harju, Bob Hyde, Ian Munce, Gary Robinson, Rick Harvey
From: Ed Frank
Date: 8/19/2003
Re: Variance Request—4800 Oakes Avenue
Please let me have your comments on the attached variance request by August 28,2003.
Attachments
// GOmmou
•Page 1
Building Department
Memo
To: Gary Barnett, Dan Harju, Bob Hyde, Ian Munce, Gary Robinson, Rick Harvey
From: Ed Frank
Date: 8/19/2003
Re: Variance Request—4800 Oakes Avenue
Please let me have your comments on the attached variance request by August 28, 2003.
Attachments
G omrge 3
kly° 2,
A46,04,41Ahts .
ftz fa lige
• Pagel
Building Department
Memo
To: Gary Barnett, Dan Harju, Bob Hyde, Ian Munce,Gary Robinson, Rick Harvey
From: Ed Frank
Date: 8/19/2003
Re: Variance Request—4800 Oakes Avenue
Please let me have your comments on the attached variance request by August 28,2003.
Attachments
go Of. ,
•Page 1
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'' NOTICE OF PUBLIC HEARING I
NOTICE IS HEREBY GIVEN that the Board of Adjustment will hold a Public Hearing the evening of
a° Thursday, September 4, 2003 at 7:00 p.m. in the Municipal Building Council Chambers, 6th and "Q"
>' Avenue. The purpose of the Public Hearing is to consider a variance request to construct a 15-foot high El
=t retaining wall because of extreme topographical elevation differences located at 4800 Oakes Avenue.
a Anyone wishing to comment on the request may do so at the above stated date, place and time. Written ft
comments are welcome and should be addressed to Ed Frank, Building Official, P.O. Box 547, h
is Anacortes, WA 98221.
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Georg Khtaian, C Clerk
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if PUBLISH: Anacortes American—August 20, 2003
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Ir'�. PORTALIS RETAINING WALL 00-00-00 COMPUTER NAME: EASEMENT alk
w _, , CITY OF ANACORTES ENGR. DEPT.
51�, L VARIANCE REQUEST CREATED BY: y
VICINITY MAP ANA904 ORT6TH STREET '"4cokt
i 1 ANACORTES, WA 98221
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EXHIBIT A
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Exhibit A
'float ptte;of the Southeast 1/4 of the Southwest 1/4 of Section 22,totsnoMp 35 North,Ravage.1
East:Wilt,descsibod as fpttwso:
aims eaa•e'poin or use Nash line of said subdivision that Is$5D feet West of the Northeast .7"
owner tberioE:(aa:steamed along said Nora line); thence South paratte to the East tine of said
subdivision 395.fds t;'3 Shot;to the Southwest corner of that attain pared of had convged ander
lAvatar's Wile Noe 21.04g0. records of Skagit County,Washipgtoni thence east along the South lint
of said parcel of tend lad parallel to the Narita Sae of said Southeast 1/4 of the Smrthasest 1/4,Mtnfine,mots or toss.ton abt!•t{oiahwestcrly tinier Oakes Avenue(Smwuws Say Road%thence Southerly
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atheettierA 439.43 feet,these or le athe•point of beginning
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) EXHIBIT B
RDA
R.D.A. AND ASSOCIATES, INC.
CONSTRUCTION MANAGEMENT AND GENERAL CONTRACTOR
(360) 675-2438 FAX (360) 675-1730
July 21, 2003
Mr. Ed Frank, Building Official
City of Anacortes
904— 6th Street
Anacortes, WA 98221
RE: Portalis Community Development
Request for Retaining Wall Height Variance
4800 Oaks Avenue,Anacortes,Washington
Dear Mr. Frank,
RDA& Associates, Inc., is hereby submitting this variance request on behalf of our
Client, Mr. Allan Schroeder of 496404 Washington, Inc. We have reviewed the
Anacortes Municipal Code, Chapter 17.52.050(c) and the City's Guide for Variance and
we believe that our request merits the City's consideration and approval.
Chapter 17.52 limits retaining wall heights to seven feet. Paragraph"C" of 17.52.050
provides for possible relief consideration from that height restriction where unusual site
conditions exist. An unusual site conditions exists at the Applicant's street entrance due
to the extreme topographical elevation differences between the Applicant's proposed
street entrance location and the adjacent property owned by others.
The City of Anacortes has directed the Applicant to align the proposed Portalis Way
Street adjacent to Harbor View Place at the Oaks Avenue intersection. It is our
understanding that he City considers their decision to be in the public's interest for safety
and in compliance with good traffic geometric design.
The Applicant does not object to the City's decision, however, the required location
places the street entrance at the property line with the property located to the east. This
location causes an extreme topographical elevation difference between the Applicant's
property and the adjacent property of approximately 15 feet.
P.O. Box 2611 • 1557 Midway Blvd. • Oak Harbor, WA 98277 • RDAASI.077DR
July 21, 2003
Page 2
The Applicant made an unsuccessful attempt to mitigate this topographical difference by
seeking a slope easement from the adjoining property owner. Since the Applicant was
unsuccessful in their attempt the Applicant has no other alternative but to seek a variance
for a 15-foot structural retaining wall. We have attached a copy of the plans approved by
the City, sheets ST-3, dated June 9, 2003 as prepared by Fakkema and Kingma
Engineers. This drawing shows the topographical conditions.
In addition, we have provided the necessary structural& geo-technical engineering for
this wall condition in our City approved Project Manual, dated June 2003, prepared by
Fakkema and Kingma Engineers. Specifically Appendix E of this report includes
retaining wall engineering up to 17 feet. Materials Testing& Consulting, Inc. prepared
the retaining wall designs (MTC.) MTC will also be on site during construction to
monitor the placement of this structure. A copy of the Project Manual noted above is on
file with the Gary Barnett, PE, at the City's Public Works and Engineering Department.
We believe that this variance is necessary because (A) Special conditions and
circumstances exist which are peculiar to the land; (B) The literal interpretation of this
provision of this ordinance would deprive the Applicant of rights commonly enjoyed by
other properties in the same district under the terms of this ordinance; (C) The special
conditions and circumstances are not a result of actions by the Applicant; and (D) That
granting the variance requested will not confer on the Applicant any special privilege that
is denied by this ordinance.
The City's expeditious review and approval for a 15 foot +retaining wall height variance
will be greatly appreciated. Please call me at (360) 675-2438 should you need additional
information or have any questions.
Sincerely,
1
Rick Almberg
President
chb
( jam � J
Anacortes Municipal Code
Chapter 17.52
FENCES,WALLS,AND HEDGES
Sections:
17.52.010 General requirements.
17.52.020 Fences,walls, and hedges which create potential safety hazards.
17.52.030 Electric fences.
17.52.040 Barbed wire fences.
17.52.050 Retaining walls.
Section 17.52.010 General requirements.
Regardless of other provisions of this chapter, fences, walls, and hedges may be permitted in any
yard or along the edge of any yard. No solid fence,wall, or hedge within or along the sides or front edge
of any front yard,to the required depth of that yard, shall be over two feet six inches in height.Non-sight
obscuring fences, walls or hedges in this required front yard setback area shall not exceed four feet six
inches in height. Sight obscuring fences, walls or hedges in side and rear yards shall not exceed seven
feet in height. In the nonresidential zones fences, walls or hedges shall not exceed seven feet in height.
Non-sight obscuring fences not exceeding seven feet in height are permitted in the front yard in industrial
and manufacturing zones. (Ord. 2557 (part), 2001; Ord. 2528 Att. A § 14, 2000; Ord. 2482 Att. A § 16
(part), 1999: Ord. 2316(part), 1994)
Section 17.52.020 Fences,walls,and hedges which create potential safety hazards.
No fence, wall, or other such structure, or hedge, over three feet in height, shall be placed within
three feet of any dwelling or dwelling unit where such fence, wall, or hedge substantially interferes with
access to such dwelling unit for fire and public safety purposes or substantially impairs the ability of an
occupant of a dwelling unit to use windows, doors,etc.,as emergency exits. (Ord.2316 (part), 1994)
Section 17.52.030 Electric fences.
Electric fences shall be prohibited in all zones except Rl zones and shall be allowed only by special
permit issued by the board of adjustment after application. No electric fence shall be allowed or
maintained which does not conform to state electrical codes. (Ord. 2316(part), 1994
Section 17.52.040 Barbed wire fences.
Barbed wire and razor wire fences shall be prohibited in all zones except when barbed wire fences
are pre-existing and are used to contain animals kept on a property under grandparenting. In such cases at
such time as any grandparenting rights are extinguished,these fences shall be removed within thirty days.
(Ord. 2482 Att. A§ 16 (part), 1999)
Section 17.52.050 Retaining walls.
A. Retaining walls shall be permitted in any required yard up to the height allowed for sight
obscuring fences, walls and hedges in that yard, provided that they comply with applicable structural and
drainage requirements.
B. Where a fence, wall or hedge is built on top of a retaining wall, or in the required yard above it,
the allowable height shall not exceed four feet measured from the grade that exists after the construction
Page 1 of 2
r Anacortes Municipal Code
of the retaining wall. Guard rails may be required by code to be placed at the top of the retaining wall.
C. Where unusual site conditions exist, a variance for a higher retaining wall may be sought
according to procedures provided for in this title.
D. In the commercial district, central business district, and all residential districts, retaining walls
are prohibited from being constructed of "ecology blocks," "Jersey barriers," and similar large-scale
manufactured blocks generally used for highway and industrial construction. (Ord. 2528 Att. A § 15,
2000)
Page 2 of 2
EXHIBIT C
(Th
Robertson&Smith Smith&Raymond Tnts Smith James&Rebecca Goodrow
PO Box 17899 PO Box 17899 4806 Harbor View P1
Irvine,CA 92623 Irvine,CA 92623 Anacortes,WA 98221
James&Rhonda Zevely Of Anacortes Port Faye&Dearing Tamara Weldon
48116 Harbor View P1 PO Box 297 Adam&Aguil Troxell
Anacortes,WA 9822! Anacortes,WA 98221 2511 26th St
Anaeortes,WA 98221
Cleo Melling Elberta Baler Thomas&Eleanore Halks
5001 Oakes Ave 16840 Warren St 5017 Channel View Ln
Anacortes,WA 98221 La Conner,WA 98257 Anacones,WA 98221
John Torgersen Mania Berg John&Shidee Fisher
18578 Quail Dr 5006 Channel View Ln 5011 Channel View Ln
Mount Vernon,WA 98274 Anacortes,WA 98221 Anaeortes.WA 98221
Britta Lang Vezina Northwest Inc Ship Harbor Inn
8170 S March Point Rd PO Box 152206 5316 Ferry Tennioal Rd
Anacortes,WA 98221 Irving,TX 75015 Anaeortes,WA 911221
Glenn Greathouse David&Maria Teresa King Breckenridge Constance&Breckenridge
5316 Ferry Terminal Rd 5109 Sunset Ave 5105 Sunset Ave
Anacones,WA 98221 Anacones.WA 98221 Anacortes,WA 98221
John Sontrn Glen&Edy Fredholm City Of Anacortcs
261 Madrona St 5111 Sunset Ave PO Box 547
Eastsound,WA 98245 Anacortes,WA 98221 Anacones,WA 98221
eOlvAi 1--
Kelley&Kelley Chant Bernice Hochltild
4706 Camano P! 1004 Commercial Ave 0322
Anacortes.WA 98221 Anaeortes.WA 98221
Robertson Smith Martin Berg
P.O. Box 17899 5006 Channel View Lane
Anacortes, WA 98221 Anacortes,WA 98221
James &Rhonda Zevely
4806 Harbor View Place Verizon Northwest Inc
P.O. Box 152206
Anacortes, WA 98221 Irving, Texas 75015
Cleo Melling Dave & Maria Teresn King
5001 Oakes Avenue 5109 Sunset Avenue
Anacortes, WA 98221 Anacortes,WA 98221
John Torgerson Glen &Edy Fredholm
18578 Quail Drive 5111 Sunset Avenue
Anacortes, WA 98221 Anacortes, WA 98221
Britta Lang Bernice Hockfeld
8170 S March Point Road 1004 Commercial Avenue #322
Anacortes, WA 98221 Anacortes,WA 98221
Glenn Greathouse James &Rebecca Goodrow
5316 Ferry Terminal Road 4806 Harbor View Place
Anacortes, WA 98221 Anacortes, WA 98221
John Sontra Faye & Dearing Tamara Weldon
261 Madrona Street 2311 266 Street
Eastsound, WA 98245 Anacortes, WA 98221
Connie & Kelley Grant Thomas &Eleanore Halks
4706 Camano Place 5017 Channel View Lane
Anacortes, WA 98221 Anacortes,WA 98221
Port of Anacortes John & Shirlee Fisher
P.O. Box 297 5011 Channel View Lane
Anacortes, WA 98221 Anacortes, WA 98221
Elberta Baier Constance Breckenridge
16840 Warren Street 5105 Sunset Avenue
LaConner, WA 98257 Anacortes, WA 98221