HomeMy WebLinkAbout04-14-1986 - MinutesTHE CITY OF MEDINA
THE CITY COUNCIL
April 14, 1986
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CALL TO ORDER: Mayor King presiding, the regular meeting was called to order at
8:00 p.m. in the Council Chambers of the Medina City Hall. The
meeting was tape recorded.
ROLL CALL: Present: Dietrich, Goldstein, Messmer, Reagan, Vall-Spinosa,
Yoler, and Mayor King
MINUTES OF PREVIOUS MEETING: The March 10, 1986 minutes were approved as amended
on a motion by Messmer, seconded by Val]-Spinosa, passed unanimously.
OTHER BUSINESS
Mayor King introduced our new City Manager, Pat Dodge, from Myrtle Creek, Oregon
where he had been City Administrator for 4 112 years. He then presented a plaque
to Albert L. Anglin which was inscribed: Presented by the Medina City Council to
Albert L. Anglin in recognition and appreciation of outstanding service as Interim
City Manager, November 23, 1985 to March 23, 1986. City Manager Dodge thanked
Anglin for his help during the first month.
PUBLIC HEARING
Mayor King announced that he was opening the Public Hearing which includes action
items involving several ordinances and revisions to the Medina Comprehensive Plan.
The discussion will be limited to about 1 hour and they will be considered once there
is a motion on the floor for adoption.
Vall-Spinosa moved that Ordinance No. 422, Ordinance No. 423, Ordinance No. 424,
Ordinance No. 425, and Ordinance No. 426 be considered for action tonight and be
passed under an emergency clause tonight to provide for the public peace, health
and safety of the town and that they be in effect immediately upon passage tonight.
Motion seconded by Goldstein.
City Manager Dodge reported on the recommendations of the Planning Consultant.
There was some concern that a hardship be created if we included in the definition
of Lot Coverage private pedestrian easements or utility easements. The emphasis
would be to exclude in new development vehicular easements and private roadways
from the part of the lot that would be considered for lot coverage as distinct
from pedestrian and utility easements.
A discussion followed among the City Attorney and Councilmembers on an issue raised
by Joel Haggard that there is an inconsistency between the map and the language in
Comprehensive Plan.
ORDINANCE NO. 422 - An ordinance deleting the area of private lanes from calculation
of minimum lot areas and maximum lot coverage.
Council discussed an amendment to Ordinance No. 422 proposed by Messmer.
Vassos Demetriou, Architect, reminded the Council of a previous discussion where
there were one or two lots that would be rendered unuseable, or their owners be
deprived of their use, through adoption of this unless there is a grandfather
clause. He referred to a situation where the easement would not be counted in
the case where it is serving one or two lots. He was informed that the proposed
ordinance would cover that situation.
Barbara Hermsen, Medina, said she is in the process of purchasing a lot. She
illustrated the situation where two neighbors want access easements for servicing
_ their lower lots. She was told that if she granted these easements they would
be deducted from her lot area calculation for purposes of lot coverage.
Harold Olsen, 8875 Overlake Dr. W., asked if there was something in the ordinances
that allows you to include easements on a lot for current coverage. The City
Attorney replied that is the way the City has interpreted the ordinance.
City Council Minutes, April 14, 1986 Page 2
Messmer moved that we amend the motion for adoption of Ordinance No. 422 to insert
the word vehicular on line 4 before private lane, before right of way, and before
access easement; that we change the final period in Section I to a comma and add
the following words: nor to vehicular private lanes, vehicular rights of way, or
vehicular access easements of record on the date this ordinance was adopted.
Vall-Spinosa seconded the motion.
Tom Hermsen, 314 Overlake Dr. E., asked if both the grantor and the grantee's
property is exempt from the square footage on an easement. It was concluded that
by giving an easement no one gets to include it.
On a call for a vote on the motion for adoption of Ordinance No. 422 as amended,
the motion carried unanimously.
ORDINANCE NO. 423 - An ordinance amending Medina City Code Section 5-1.102 re-
quiring thirty foot (30') setbacks from designated streets.
After discussion by the Council, Mayor King asked for comments from the audience.
There was no comment. On a call for a vote on the motion for adoption of Ordinance
No. 423 as amended, motion carried unanimously.
ORDINANCE NO. 424 - An ordinance amending Medina City Code Section 5-1.38 to allow
five (5) building sites to be served by a private lane.
Councilmember Yoler was excused and left the Council Chambers.
After discussion by the Council, Messmer moved that we amend the proposed ordinance
No. 424 to insert a semi -colon after the words private lane and remove the comma
after the word and. Motion seconded by Vall-Spinosa; motion carried unanimously.
Cynthia Carter, 1221 Evergreen Pt. Rd., asked if you had the required square
footage for two buildings, would the space for an appurtenant building become a
building site. She was told it could potentially serve an additional residence
depending upon her circumstances.
Councilmember Yoler returned to the meeting at 9:02 p.m.
Councilmember Messmer asked to be excused and left the Council Chambers.
ORDINANCE NO. 425 - An ordinance amending Medina City Code Section 5-1.06, 5-1.08
and 5-1.10 to reduce maximum lot coverage and to allow additional coverage for
dwellings with more restricted heights.
Vall-Spinosa explained that this ordinance really speaks to the density issue so
that this community can conserve that which we have. Mayor King said he would
like to amplify Vall-Spinosa's remarks. That this is one reason we started looking
at the Comprehensive Plan. Houses which were conforming were being built, but
visually they appeared to be oversized.
Dick Chapin, 900 ONB Plaza, Bellevue, WA, Land Use Attorney, spoke on behalf of 2
property owners, Gene and Jeff Lynn. He stated that he felt this ordinance would
have a severe impact on the 7 lots owned by his clients. He felt the ordinance
would impact totally undeveloped lots and another group of existing residences
whose owners believe that they can get, at some future date, a permit to expand or
remodel, and they are going to find that under this ordinance they have become non-
conforming lots. They have employed El Baylis of Baylis, Brand, Wagner, Architects,
to do an analysis of the effect of this ordinance. He requested that the Council
not make the ordinance retroactive. In addition to his clients' lots, there are
only 6 or 7 lots that have been platted and are vacant according to information fur-
nished him by Planning Consultant Burke.
Ed Baylis, Baylis, Brand, Wagner, Architects in Bellevue, he was asked by their
clients to look at the ordinances proposed from our point of view and see what
they might mean in terms of reality. Part of his analysis was done by taking some
aerial maps from the City of Bellevue and comparing them with lot areas from the
assessor's office. He said there are quite a few residences in Medina which would
become nonconforming. He felt the height restrictions could limit the homeowner's
potential for expansion or major remodel.
City Council Minutes, April 14, 1986 Page 3
With new houses he felt the proposed ordinances would severely limit the size of
houses that will occur. He displayed drawings illustrating his analysis. He
suggested the following alternatives: (1) Revise the definition of structure to
exclude roof overhangs and similar cantilevered projections, (2) Eliminate decks
from the calculations if they are below 4 - 4 1/2 feet, (3) Exclude garden struc-
tures such as trellises, gazebos, gateways, etc., up to one percent 30% to 20%
for all building sites in the 30/36' height and to remain as it is at the pro-
posed 25% for all zones in the 20/26' height.
_ Dick Chapin - Our proposals are two -fold. 1) That you adopt this amendment:
For purposes of determing permitted lot coverage the following shall be excluded:
area under eaves and overhangs; portions of decks that are not more than 4 - 4 1/2'
above existing grade/area under any structure which is cantilevered; and garden type
structures such as, but not limited to gazebos, gateways and trellises, which are
not greater than a maximum of 1% of the total lot size. If you will do that and go
from your current 30% to 20% instead of the proposed 15%, then there will be a sub-
stantial reduciton.
A discussion of building a 2-story house with only 20' height followed. Chapin
commented that it would have to be a flat roof.
Tom McBride, 1825 Evergreen Pt. Rd., described his efforts to conform to the present
Comprehensive Plan for future development. He asked that those who have made their
plans be allowed to go ahead in the way it was when they planned their development.
Gordon Griffes, 2431 Evergreen Pt. Rd., said what has been given is a worst case
situation. He felt that what we are doing is providing a greater alternative in
giving an option of going higher. The houses in Clyde Hill built in compliance with
this are not little tiny shacks.
Lincoln Washburn, 304 Upland Rd., Medina Heights, said what you are doing is fine.
He had no objection but would like to see a grandfather clause as he is sure his
home is nonconforming and he would like to see some protection so they could main-
tain the quality of the house. He suggested perhaps having the same coverage but
not being unduly restrictive intenmsof doing repairs, making modifications, and
not having to go through the variance procedure every time they want to do some-
thing.
Bob Lund, 8611 N.E. 7th, Medina Heights, felt there was one issue which had not
been spoken to in addition to the nonconforming lots. He said he lives in an old
house. He will probably never tear it down and try to rebuild, but someday some-
body might. He was concerned that under these ordinances and, more particularly,
some of the proposals coming out of the Medina Heights Study; that the people who
own these small lots are going to find themselves in a very difficult position
ecomonically. He felt that this would result in a lowering of property values.
Dick Chapin - In response to Mr. Griffes comments, said he did not agree unless
Griffes was referring to one-story houses. He said the majority of homes are
two story, and all they are asking for is an additional 5%. If they can have that,
the quality of homes in Medina will be substantially better.
Mike Zubko, 8604 N.E. 6th St., Medina Heights, Member of the Planning Commission.
When we looked at this, we had the same concern, bulk and size of the houses. He
finds that he probably does have one of the small houses in the City of Medina. In
his neighborhood, there are probably 26 single story non -view houses. He said he
knew there are a lot of people with single story homes that if you apply that 20/26'
height restriction, there is no place they can go at all.
Earl Johnson - said he appreciated what the planners and architects are trying to
do. He was concerned about people who have lived here for 20 to 30 years and said
he is all for the proposal that the study committee made.
Tom Hermsen, 314 Overlake Drive, felt that if this goes through, property values
are going to drop. He mentioned several valuable pieces of property that have
little houses that are old.
City Council Minutes, April 14, 1986
Page 4
Dick Hansen, 443 86th Ave., presented petitions signed by 190 residents asking
for these restrictions for Medina Heights.
Vassos Demetriou urged the Council to set the height at 25' which would result in
a good 2-story house. ti
After discussion, Dietrich moved to amend Ordinance No. 425 to add Section II - ?'
Determination of Lot Coverage: For purposes of determining permitted lot coverage L_\v "-'
and only that purpose, the following shall be excluded: area under eaves; portions
of decks which are not more than four and one-half (4 112) feet above existing
grade including railings; and garden type structures such as, but not limited to,
gazebos, gateways and trellises which are not greater than a maximum of one per-
cent (1%) of the total lot area. And to rename Section II, Section III. Motion
seconded by Vall-Spinosa.
Jim Wise, 230 Overlake Dr., said he has a small home at 232 Overlake Dr. which
will barely meet the ordinance.
On a vote on the motion to amend Ordinance No. 425, motion passed unanimously.
Council discussed a change in the percentage of coverage.
Reagan moved that we amend the section of this ordinance relating to R-20 Land Use
District where it presently says 15 percent of the area of any lot to read 17 112
percent; motion seconded by Vall-Spinosa.
Mayor King called for a vote on Ordinance No. 425 as amended; there were two amend-
ments. Motion carried unanimously.
Ordinance 426 - An ordinance amending Medina City Code Section 5-1.154 dealing
with reduction of setbacks for undersized lots.
During a short discussion by the Council, it was emphasized that the purpose of the
ordinance is to allow for an increase in lot coverage for those smaller lots to
T take care of special circumstances.
Angela Hawk, 226 Overlake Dr., had a question regarding a waterfront piece which
is a substandard lot. If they were to tear down the house and rebuild, would this
affect the size of the house they would be able to build? She was answered that
it would affect the coverage they are allowed and directed to the section on pro-
portioned setbacks.
There being no further discussion, Mayor King called for the question. Ordinance
No. 426 passed unanimously.
Resolution No. 175 - A resolution adopting a Revised Comprehensive Plan for the
City of Medina
A short discussion with the City Attorney occurred. Vall-Spinosa moved to adopt
Resolution No. 175, motion seconded by Yoler.
Dean Messmer rejoined the meeting.
City Attorney Wines explained that a question had been raised by an attorney on a
specific piece of property, Wells -Medina Nursery. This property is not specifi-
cally addressed by the Comprehensive Plan although it is addressed by the Land Use
Map. After considerable discussion by Council, Dietrich moved to amend the Compre-
hensive Plan to read or instead of and in the third line of Page 4. Motion seconded
by Vall-Spinosa and carried unanimously.
Sarah Damske, 2055 79th Ave., asked if the City Council could change the zoning
without notification of the neighbors. She was told there was no re -zone before
the Council.
Mayor King asked whether there was any discussion of the Resolution. On a call for
the vote on Resolution No. 175, motion carried unanimously.
City Council Minutes, April 14, 1986
Page 5
Joel Haggard, 2426 Financial Center, Seattle, WA, raised an objection that there
was no opportunity for public input.
Messmer moved that we reconsider our vote for the purpose of allowing anyone who
missed the first call to make a comment now, Vall-Spinosa seconded, motion carried
unanimously.
Mayor King stated we are considering the motion to adopt the Comprehensive Plan
and the Official Land Use Map, since they are related, and asked for public comment.
Joel Haggard, said he is the attorney for Mrs. Miller. He presented his interpreta-
tion of the Comprehensive Plan and the Land Use Map and stated that our criteria
indicates a 20,000 sq. ft. density on this property is appropriate. He asked that
that change be made on the Land Use Map.
Messmer moved that we adopt Resolution No. 175 with respect to the recommended draft
of the Comprehensive Plan and with the one change on Page 4 -- changing the word and
to or and that we also adopt as our Official Land Use and Circulation Map the one
that we have before us with the following change: that is, with respect to the
property commonly known as Medina Circle that the map show SR-30 with an appropriate
footnote or an asterisk indicating that there is a PLUD which has modified the actual
density at that location. Dietrich seconded, the motion passed uananimously.
REPLAT OF LOT 1, Groat Point Estates, David Smith, 8905 Groat Pt. Dr. - Request to
subdivide a 1.14 acre lot 49,658± sq. ft.) into 2 lots.
Jerry Buck, Triad Assoc., was present representing David Smith. He referred to the
approval of the subdivision by the Planning Commission as recommended by Planning
Consultant Burke and described the configuration of the lot.
Vassos Demetriou, 205 Lake Street South, Kirkland, Architect, representing Mr. Smith,
spoke.
Harold Olsen, 8875 Overlake Dr. W., raised objections because he has an easement
crossing this lot. He stated that several questions he has asked were not answered
and requested that Council postpone considering this until the questions are answered.
Vall-Spinosa moved to continue the Public Hearing until the next session so we can
have our Planning Consultant here to answer questions about the square footage and
the lot coverage effectively. Yoler seconded.
Demetriou gave specifics on square footage, percentage of lot coverage, and height.
He assured that they have no intention of not respecting Mr. Olsen's easement and
that they would be within the setbacks and coverage of the new ordinances.
On a call for the vote, Motion carried.
License for Structure in Right -of -Way, Dr. Edith W. Martin, 2242 - 79th Ave. N.E.,
Request for two decorative brick planters.
Gordon Griffes, 2431 Evergreen Pt. Rd., former Mayor, gave information which had
come to his attention while he was in office last year.
Edith Martin, 2242 - 79th Ave. N.E., presented her reasons for installing the
structures.
After a discussion, Messmer moved that we deny the request for the license and direct
that the structures be removed by June 30, 1986. Reagan seconded; motion carried.
Easement for AT&T Cable Throuqh Medina City Hall Park
Marlen Krause of David Evans & Assoc. spoke regarding the project. Councilmembers
and staff discussed various alternatives to their proposal. Reagan moved that we
table the recommendation until the City Manager comes back and is satisfied, Yoler
seconded. Further discussion followed. Motion carried.
City Council Minutes, April 14, 1986
Page 6
Transfer of Franchise to Tele-Communications, Inc.
City Attorney Wines said we had received an agreement involving about 5 entities.
Gary A. Hokenson, TCI Cablevision of Washington, Inc., explained his company's
relationship to the consortium.
Dietrich moved that staff be instructed to sign the agreement after the Guaranty
of Performance is furnished. Reagan seconded. Motion carried.
Medina Heights Study Committee Report
Reagan reported that he, Herb Lyon, and Bob Burke had attended 2 meetings of the
Medina Heights Committee. Pat Dodge attended the 2nd meeting.
Dick Hansen, Chairman of the Medina Heights Committee, submitted petitions which
he stated contained 190 signatures representing 140 properties.
Ray Cory, 101 Overlake Dr., opposed the proposed height restriction calling it a
form of spot zoning.
Reagan moved that we refer this to the Planning Commission and that they expedi-
tiously hold a Public Hearing and come back with a recommendation by our June
meeting. Vall-Spinosa seconded; motion carried. Messmer abstaining.
N.E. loth St. Project
City Engineer Jauhola reported that this project can be deferred so that it will
fall into the 1987 budget.
He would like to have a Public Meeting to inform the residents along N.E. loth Street
of our plans. Council agreed to hold the meeting at 7:00 p.m. before the-ju-ne-9th
Regular Meeting.
City Manager's Report
City Manager Dodge reported on several budgetary considerations.
OTHER BUSINESS
Claims Warrants
Warrants #3829 through $4001 were presented for approval. Goldstein moved for approval
as presented, Vall-Spinosa seconded, motion carried.
Adjournment
Messmer moved to adjourn at 1:10 a.m., April
ATTEST:
\IV.\
Della M. Wyatt, City Clerk
14, 1986; Reagan seconded; motion carried.
w�,
H. E. (Ted) King, Mayor