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HomeMy WebLinkAbout03-10-2014 - Supplemental Materials - Medina Post Office Zoning and Future Land UseZENO BAKALIAN P.S. G. Michael Zeno, Jr. Allan B. Bakalian * Aaron M. Neilson+ * admitted in OR & WA +admitted in MT & WA LEGAL AND ESCROW SERVICES 4020 LAKE WASHINGTON BLVD. NE, SUITE 100 KIRKLAND, WASHINGTON 98033-7862 March 10, 2014 Michael Luis, Mayor Medina City Council Members 501 Evergreen Point Road Medina, WA 98039 Re: Medina Post Office Zoning and Future Land Use Dear Mayor Luis and members of the Medina City Council: (425) 822-1511 FAX (425) 822-1411 abakalian (Lzenobakakaiian.com I am writing on behalf of Rudy Hoffman, personal representative of the Estate of John Frost, regarding the City of Medina's proposed area -wide zoning map amendments. As you are aware, the Medina Planning Commission has adopted a resolution recommending that the City Council approve the zoning map amendments which would change the Post Office zoning from R-16 to a newly created "Public" zone. As described below, Mr. Hoffman is very concerned that the proposed zoning map amendments will be detrimental to his ability to continue leasing the property to the Post Office or to eventually sell the property for residential redevelopment. Attached are copies of the comment letters I previously submitted to the Planning Commission regarding the City's zoning code and map amendments. As noted, there were procedural errors with the manner in which the City notified Mr. Hoffman and other property owners of the new zoning code uses adopted in 2013 - Mr. Hoffman never received such notice. Pursuant to the amended code uses, at MMC Table 20.21.030, the Post Office is now classified as a "Special Use" in the Public zoning district rather than as an existing Conditional Use in the R-16 zoning district as it is now. That change, in and of itself, is not objectionable because residential uses will continue to be allowed in the Public zone (as confirmed by the Planning Commission at its February 25, 2014 public meeting) and because some additional commercial uses are allowed as a "Special Use" under MMC Table 20.21.030 when the Post Office closes. Nevertheless, Mr. Hoffman is concerned that the City may seek to further restrict the redevelopment of the Post Office property. In that context, it is important to recognize that the Post Office property was zoned R-16 since Medina's incorporation in 1955. When Mr. Frost purchased it in 1969, it was the home of Walter Hagenstein, who continued to live there until 1972. (See Attachment 1) In 1972, the City granted Mr. Frost a conditional use permit to relocate the Post Office from the Green Store - based on the City's assurance that the property's residential zoning would not change when the Post Office left or relocated, as described in his 2005 letter to the City. (Attachment 2) The City also approved Mr. Frost's expansion of the Post Office building and parking lot in the late 1980s under a conditional use permit. Medina City Council March 10, 2014 Page 2 As the City contemplates adopting the zoning map amendments for the Post Office property, it is essential that it not forget this history and agreement with the Frost family. Ideally, Mr. Hoffman would like to continue leasing the property to the Post Office after the lease expires in March 2015. However, the Post Office's national consolidation and potential closure of the Medina Post Office requires him to consider selling the property now as an asset of the Frost trust. Indeed, the Post Office may not agree to renew the lease for a specific term or pay the market rate for a lease extension. The Estate is also concerned, as Mr. Frost expressed in his 2005 letter, that the City may seek to restrict the residential or other redevelopment of this property. After providing a Post Office for the residents of Medina for the past sixty years (including when it was located at the Green Store), the Frost family can no longer subsidize the Post Office lease or risk the City's restriction on its future redevelopment. The likely outcome, sooner rather than later, will be the sale of the Post Office property to a developer for residential use or redevelopment as a "Similar Use." The Estate recognizes the City's interest in preserving the Post Office and would welcome the City's purchase of the property to allow the City to lease it to the Post Office for as long as possible. That would also enable the City to determine and control the future use of the property. The current Post Office lease expires on March 8, 2015 so now would be a good time to discuss a possible purchase of the property by the City. That would leave the City sufficient time to negotiate a lease extension with the Post Office. Thank you for considering these comments and some of the relevant historical background documents and information. At this time, the City's proposed zoning map amendments and classification of the Post Office property in the Public zone will allow its redevelopment for residential or similar uses after the Post Office ceases operation. However, because of the uncertainty and risks surrounding the permissible future uses of the Post Office property, the Estate will be carefully monitoring the City's zoning and comprehensive plan amendment process to ensure that its interests are protected. Please do not hesitate to contact me if you have any questions or wish to discuss the purchase of the Frost Estate's property. Respectfully submitted, ZENO BAKALIAN P.S. For the Estate of John Frost I Allan Bakalian Attachments February 23, 2005 Mayor Odermat and Council Medina City Hail 501 Evergreen Point Road Medina, WA. 90039 FEB 2 "), nos Subject: Medina's Comprehensive Plan Rewrite and 814 Evergreen Point Road Attached: 1. My 1/2/05 letter to Medina's Planning Commission 2. Copy of my Earnest Money Receipt and Agreement dated 1/28/1969 Honorable Mayor and Council: Let me request that you reopen the Medina Comprehensive Plan portion of your last deliberations in order to change again that portion of the Plan's reference to my private property at 814 Evergreen Point Road. I strenuously object to defining my property with the words "Historic"% "Commercial", "Structure" or inclusion with the contiguous Grocery Store property in any way. (See page 13 paragraph 1 line 2 and line 42) My private residential property (See Eames!Money Agreement dated 1/28/69) is unique because the City has allowed me to lease it U.S. Postal Service with restrictions spelled out in a "Conditional Use Permit". Were the Postal Service to relocate to larger quarters in Bellevue, I would utilize the underlying R-16 zoning to remodel the existing structure into a single-family residence that would conform to the neighborhood. Because I have lived up to the terms and conditions of the permit I believe it to be a breach of faith for the City to attempt to include or conscript my private property for Historic or Commercial use for its own perceived purposes. Some disengagement would occur on page 13 in the 1st paragraph, 1st sentence, by adding the word "function" just after the words "post office". Also on the same page line 42 "and uses should be changed to "or uses". It would also help if the word "Historic" were defined somewhere in the new Comprehensive Plan. Thank you for correcting this error before taking your final vote. Sincerely, John E. Frost 425-454-0378 PO Box 42 Medina, WA. 98039-0042 ATTACHMENT 1 .P Rider to zsantst ammY . Receipt and AgzeestAt betvaes Jobe a. frost wand JWW� at, A. I p00. tie} dGVn pa�iat dine at ' --rive �11iz s � � S. the tim of tbs aiosing of this salt, with oredit foz tsxnest norm sbcWIW cYeatee !s ioe tme aNeoant of Bight she bas,anae ©f d ll d, sa4.av) ai11 ba' p+ die thousand dive Muncl6cEd dollars (# 1200.00) per Y+" i3f T`1ri 1fliIIdtld i9ollaai annual pay"Onts in year in t F_� * thert- oaC tisis &AIR and after the . tt! cif- �+ at1001".1 ar u t�.7. � entire sus aft" C�1 * 40Y. c7d satb`_ aid •�3f �. �►d : l'��`et is pat�.e4 In f�sll . s s#at3�. inale� jal;Gztst on redc�aing Said avAi41; #mit t 7�+ ice= MMUM And ieA*aest saw sf s#�c d 'ba.lrenaes Rt_. _ t ants of ow closiag of t2►ia ea a. shall t *hall be reads sailor frds time to dl,reot to 06 idler Said ammmal Patits the to=,laatios p . tom- �,�;' •�st=. iin a �aasr will be entitled to+i a�aia yoasss fzai r the a id 09 � 1 P is 1!h ` aswe " of tba" Prat o his 1� 4'' ta3ss, 60Mof tug satab Oda.Y. ��1 sRtiMt the +idi tY was but fix* . �nsai` �ap'e' and a1�. x� - : `'� . rcemaine posaesstOR o per .od in Bch � _whtn be ttsv+r+es biafe�itlf f eaai ` %ii Ptd 3rut ►` nt of sneer: , ,s ii hies . 1h`'I9&tic1` got the paYIMM 2 January 2005 Mr. Mark Lostrom, Chairman Medina Planning Commission 501 Evergreen Point Road Medina, WA. 98039 Hand Delivered Subject: Medina's Comprehensive Plan Rewrite and 814 Evergreen Point Road Dear Chairman and Commissioners: In 1970 1 purchased the residential property at 816 Evergreen Point Road which was then the residence of Wait Hagenstein. When he moved out I was fortunate securing a new tenant, the US Postal Service, who has been a good tenant for many years. In order to so use the otherwise R-16 property I secured a "Conditional Use Permit" from the City of Medina. From that time to the present I have steadfastly lived up to the terms and conditions of that permit. Now as has been attempted twice before, the City seems intent on changing their side of the agreement by imposing a defacto "Historic Use' status on my residential, R-16, property in the proposed Comprehensive Plan revisions. As a private property owner I have been fortunate to have a good tenant who has fit into the community. I do not feel that it is fair or reasonable to reward my continuous efforts to live up my side of the Conditional Use Permit's conditions with the burdens and restrictions incumbent with any sort of historic status. it could be argued that such a move on the City's part would constitute a `Taking" and certainly should not be undertaken surreptitiously in the Comp. Plan. Please keep in mind that the adjoining property's status, which I used to own, is currently being adjudicated and may well revert back to its underlying R-16 status at the direction of the Courts. Therefore let me request that any and all references to my residential property as "Historic Use" be removed from your proposed changes, revisions or up -dates of Medina's Comprehensive Plan. Some examples, but not all, would be: pg. 8 table, pg. 13 Ins. 35 & 36, 50 & 60. Sincerely, John Frost, 425-454-0378 PO Box 42 Medina, WA 98039-0042 ATTACHMENT 2 ZENO BAKALIAN P.S. G. Michael Zeno, Tr, LEGAL AND ESCROW SERVICES Allan B. Bakalian * Aaron M. Neilson+ 4020 LAKF. WASHINGTON BLM. NE, Surm 100 * admitted in OR & WA MRKLAND, WASF 1INCTON 98033-7862 +admitted in MT & WA February 26, 2014 Revised Submittal of Letter Delivered to February 25.2014 Planninz Commission Meetin Planning Commission Members City of Medina 501 Evergreen Point Road Medina, WA 98039 (425) 822-1511 Fax (425) 822-1411 a ba kalian,,�.zenobakakalian.com Re: Supplemental Comments to City of Medina's proposed Area -wide Zoning map Amendments Dear Planning Commission Members: The following supplemental comments are submitted on behalf of Rudy Hoffman, personal representative of the Estate of John Frost, regarding the City of Medina's proposed area -wide zoning map amendments. These comments supplement the Estate's January 4, 2014 letter addressed to Robert Grumbach, Director of Development Services, regarding the zoning map changes affecting the Post Office property located at 816 Evergreen Point Road. I specifically want to address the historical use and zoning of the Post Office property as it pertains to the proposed amendments. As you are aware, the zoning map amendments will change the zoning for the Post Office property from Residential Use (R-16) to Public and Institutional Uses. My January 4, 2014 letter addressed the substantive and procedural flaws associated with the City's amendments to its zoning code, adopted on September 2, 2013, with regard to the newly proposed zoning classification for this property. The City never personally notified Mr. Hoffman, the Estate's personal representative, of the proposed zoning code changes. After reviewing the City's records, it is clear that there is no receipt or evidence of mailing the zoning code notice to Mr. floffman. The Estate has reserved its right to challenge the code amendments on that basis. As to the proposed zoning map amendments, the Estate does not oppose the Public and Institutional Use designation provided that the existing residential use designation is preserved as currently set forth in the zoning code's Use Table at 20.21.030. The residential designation is consistent with the historical use of this property as a residence and its current conditional use as a Post Office. The Post Office has leased the Estate's property since the early 1970s. The current lease will expire at the end of February 2015. The Estate's interest in this property is to ensure its highest and best use of the property for distribution to the Estate's heirs. The future of Planning Commission February 26, 2014 Page 2 the Medina post office, as with all small town post offices, is uncertain. In the event the Post Office does not renew the lease in 2015 or in the subsequent years, the use of the property will of course change. The amended zoning code and map must take such future use(s) into account. The existing R-16 zoning, or the allowable "residential use" under the proposed Public and Institutional Use zoning, would allow for residential use after the Post Office ceases operation - which is what the Estate desires. It is significant that when John Frost purchased the Post Office property in May 1969 it was zoned residential and was the home of Walter Hagenstein, who continued to live there until 1972, as evident from the attached Earnest Money Rider. The Hagenstein family first built a residential home there in the early 1900s, and the property was later utilized by the local telephone company as described by John Frost in the attached Medina Store History synopsis. The Post Office was previously located at rear of the Green Store property, which Mr. Frost leased/ purchased in the 1950s and continued to own until 1985. Mr. Frost relocated the Post Office to the adjacent 816 Evergreen Point Road property in the early 1970s after purchasing it from Walter Hagenstein. The Post Office operated there under a Conditional Use permit issued by the City, as noted by Mr. Frost in his attached January 2005 letter to the planning commission. Also, in 1988, the City approved a'Special Use Permit' (characterized as a Conditional Use Permit by the Planning Commission) to allow Mr. Frost to expand the Post Office building and parking lot. (See attached minutes). The building itself is a converted residential home and has no unique or historic characteristics. The Estate does not oppose the City's proposed zoning map's classification of the Post Office property in the Public and Institution Use zone set forth in the Use Table at 20.21.030, but only because it allows for continuation of the underlying residential zoning. The Estate seeks certainty through the code and map that City not restrict the likely future residential redevelopment of the property. The inclusion of the "public" or "parkland" uses as defined in the code and shown on the proposed map is not appropriate for the property because it has never been used as such and may unduly restrict the available future use or redevelopment of the property. On the other hand, the proposed zoning map's inclusion of "similar uses" for the property is beneficial despite being vague as to what such allowable future uses actually are. Respectfully submitted, ZENO BAKALIAN P.S. For the Estate of John Frost ".Allan Ba, kalian Attachments _s ,ti&c to iatnsst mmoy Mari.pt and 74VOWNS at betult m John a. Trost and jww Most, ftvdu_mqlx. 1 !fire lYeasand Dollars (05, 00A. 00) dam payms"t dM at the time of the oleo UM of this sale, with credit far O&S"est abo►lre 'ftiI4m teed. TM balance, of the purcMss pcLco in ths as~auat of Eight 2►housan4 Live Ryndred mrnlagnaaidc+ed+ Cwllass flit©0 CaMj pernY+a • annual paym►u!a of 'fwe ,1 pea (1) year os we�co. it the c°bs ce -°.opi ' after the pieta *r the aiasi�+ G - 69 this "is and p# " tleSre- attauc oa f'dw s MY aQ anck- mod s�Y year still ' entire ana of pr iA dIll"' i m►d , rote t is psld ilk fall. said aaar UM`: Ymmats aba,ll iWIU40 jAt;srest an redeem" #&te e! six psr"at (sxi per� and iemnreet be,.... at'* of this ra1a. sbail � date of sire alMi" Said amoal p ymmts Shall be grade lLIateot to om seller w snob' COSIM SoLkeatioa �t as the sailor from time to Ibe parebaN= will, be entitled to OM'n in possossi" iard two (.j yeass txcm Me Em o!� tars° pErara'iMd' - PA iai �rf 2 71. f�ii1 *ittdve taws an l 60 hod in %*Lab be rewaina fixe an in parsrue Lilfi••�•� d=ot *how*. �n bp res�►es httaslt be =�rlierN � sit f . ieehia t 44i w,�,d�yc��+,i, dsresaae t"obY3yahiow` tog the payment o! Medina Store Historl When constructson of the Medina Store building began in 1909, there were only seven families living in the area. However, many Seattle residents did spend the weekends on Medina's uninhabited lake shores. There were paths bit no roads in this future city that was yet to have a name. Families that leased the facility always lived upstairs. There is no insulation against the cold winds off the lake or the noise resulting from the intersection of 81" a 76"' The building sits on concrete posts instead of having a foundation. The soft wood floors are still in remarkable condition today considering ninety two years of foot traffic. Builder and owner George Tapp rented out the upstairs for weddings, parties and meetings until a grocer named Silas Brown rented and became Medina's first merchant. In 1910 Mr. Tapp sold the store to Mr, and Mrs. David Hagerstein, daughter Melinda and husband Howard Durfy. The store prospered under their guidance. Population was increasing, grovel roads Peplaced paths in 1911, and Medina was platted and recorded as a town in 1913. The Federal Postal Service leased the back one-third of the store on April 30, 1914. David Hagenstein became Postmaster and Melinda a post office clerk. The 250 post office boxes brought potential customers for the store wren they checked for mail twice deity. A business of this type was called a Genera) Store. They were forerunners of hardware, garden, feed, and grocery stores. Most homeowners in the era used home delivery of ice, fish, milk, and everything else from a general store. The reed for more space ended with an addition or the north side that doubled the Square footage in 1915. Delivery orders were still being done with a burro. Ore hundred Pound sacks of chicken feed, fertilizer, etc., required a better delivery method. In 1916 Mrs. Hagenstein's diary stated, "Pa went to Kirkland today to look at a Model T truck," No furTher mention of this except for a sentence on week later that'Pa took the burro out and shot it this morning." , Also, in 1916 the telephone company leased Z1,�OC3 :tquare feet of store property to build a telephone facility that is now the Post Office. Te:ephone operators provided the first telephone service for both Bellevue and Medina, 1917-1939. They also changed the pronunciation of the city's name. It had been named often the Biblical Medina, pronounced with a long "e". This did not carry well on the telephone lines, so the operators pronounced it with a long "i" , and soon everyone followed suit. Roads were paved with concrete in 1917. In 1924, son Walter Hagenstein returned home after working in North Dakota for many years. He ;---placed his father as Post Master. This was to last 31 years, ending in 1955. The Durfys sold after 19 years to Arne and Margaret Christoferson. They also ran a first-class operation. They are remembered for changing the store's color from light gray to dark green, which has been a favorite ever since 1930. Mr. and Mrs. Leonard 5walwell purchased Medina Grocery as an investment and leased it to the partnership of Mr. and Mrs. Kendall Marks and Mr. and Mrs. John Frost in 1952. The Markses purchased the land and building from the Swallweils in 1968 and Frosts immediately bought it plus the Marks' interest in the business. The store prospered to where ten employees were necessary. During 1970, the Frosts bought the former telephone building and renovated for the present Post Office. Medina Grocery was sold to Mr. and Mrs. James Lee in 1985. Former Tacoma grocer Charlie 5ong and his wife Mal are now operating the business in this year 2000 for the Lees. John Frost 2 January 2005 Mr. Mark Lostrom, Chairman Medina Planning Commission 501 Evergreen Point Road Medina, WA. 98039 Hand Delivered Subject: Medina's Comprehensive Plan Rewrite and 814 Evergreen Point Road Dear Chairman and Commissioners: In 1970 1 purchased the residential property at 816 Evergreen Point Road which was then the residence of Wait Hagenstein. When he moved out i was fortunate securing a new tenant, the US Postal Service, who has been a good tenant for many years. In order to so use the otherwise R-16 property I secured a "Conditional Use Permit" from the City of Medina. From that time to the present I have steadfastly lived up to the terms and conditions of that permit. Now as has been attempted twice before, the City seems intent on changing their side of the agreement by imposing a defacto "Historic Use" status on my residential, R-16, property in the proposed Comprehensive Plan revisions. As a private property owner I have been fortunate to have a good tenant who has fit into the community. i do not feel that it is fair or reasonable to reward my continuous efforts to live up my side of the Conditional Use Permit's conditions with the burdens and restrictions incumbent with any sort of historic status. It could be argued that such a move on the City's part would constitute a "Taking` and certainly should not be undertaken surreptitiously in the Comp. Plan. Please keep in mind that the adjoining property's status, which I used to own, is currently being adjudicated and may well revert back to its underlying R-16 status at the direction of the Courts. Therefore let me request that any and all references to my residential property as "Historic Use` be removed from your proposed changes, revisions or up -dates of Medina's Comprehensive Plan. Some examples, but not all, would be: pg. 8 table, pg. 13 Ins. 35 & 36, 50 & 60. Sincerely, John Frost, 425-454-0378 PO Box 42 Medina, WA 98039-0042 PLANNING COMMISSION REGULAR MEETING - 7:30 PM November 29, 1988 The meeting of the City of Medina Planning Commission was called to order at 7:30 PM by Chairperson Griff es. The meeting was tape recorded. Members Present: Chairperson Griff es, Griffiths, Olsen, Hillman, Taylor and Zubko Members Absent: Woodman City Staff Present: Planning Consultant Burke and Recorder Batchelor Griffes noted that the minutes of the Sept. 27, 1988 meeting should also have stated that on page 4, at the end of the second paragraph, it should have also stated that in the future the Planning Commission will not consider any application that does not submit all the required information. Olsen moved to adopt that change to the minutes, Griffiths seconded the motion and it was approved unanimously. Substantial Development No. 88-2 - SimonyifLyle - 109 84th Ave. NE - Construct a 12 ft. x 59 ft. dock with a 12 ft. x 25 ft. covered moorage at the end. (Reconsideration of previous decision) Planning Consultant Burke stated that the Substantial Development for the proposed dock had been approved at the Sept. 27, 1988 meeting. Before the applicant submitted to the Dept. of Ecology it was noted by the applicant that they were making some changes. They were proposing to increase the length of the dock, change the direction of the moorage and increase the length of the covered moorage so Burke stated that it would have to come back before the Planning Commission for further consideration. Melinda Lyle, Nyman Pile Driving, was present on the owner's behalf. She stated that at the Sept. 27, 1988 meeting there had been a question on the top of the moorage so since they would have to come back to the Board they also decided to go for a new design that would give the dock more water depth if they were to extend the dock to a maximum of 77 ft. There was discussion on the revised plans that had been submitted. -1- Taylor moved to accept the revisions to the approval that was granted at the Sept. 27, 1988 meeting which were: 1. increasing the length by 5 ft. to 76 ft. 2. turning the covered moorage so it is perpendicular to the shoreline 3. increasing the covered portion to 11 ft. 6 inches in width by 30 ft. in length. Conditional on the Planning Consultant's recommendations and the plans that were submitted on 11/88, Zubko seconded the motion and it was approved unanimously. Case No. 124 - Evans/U.S. Postal Service - 816 Evergreen Point Road - Seal eCmit o expand the Medina Vost Office 7—ervic'es in the present location. (Tabled from the last meeting) Planning Consultant Burke stated that at the last meeting it had been decided to accept Scheme 2 of the plans submitted by the Post Office with the condition that the Post Office develop a more specific landscape plan. Since that meeting 6doodman, Griffiths and some of the adjacent neighbors (Saad and Beebe/Starr) had met with Kirk Hackler, of the David Evans Architect Firm, to discuss some proposals for the landscaping. Kirk Hackler, David Evans Landscape Architect, was present to discuss the drawings that his firm had submitted with a more specific landscaping proposal. Greg Cutler, of the Postal Service, stated that at the last meeting the adjacent neighbors had some concerns over the amount of asphalt that was to be constructed. The Post Office had reconsidered and would reduce the asphalt from 50 ft. to 40 ft. in front of the loading dock and also cut back the width and length of the hammerhead. He also discussed specific plant materials that would be included in the landscaping, the curbing of the street and he stated that the street improvements are reflected in the drawings that had been recently submitted by the Post Office. There was considerable discussion on a possible maintenance bond for the landscaping. Greg Cutler stated that in the construction contract for the plant materials that it states that the contractor would maintain and guarantee the plantings for the first two years. There was discussion on making it a condition of the permit that the landscape must be maintained in an orderly manner according to landscape maintenance standards. There was a vote from everyone on the Board stating that they were all in agreement over the proposed landscaping plans. Jock Beebe, 822 Evergreen Point Road, stated that he was one of the adjacent neighbors that had met with Kirk Hackler of David Evans Architects. He stated that he had filed an appeal to the City Council but that he was considering withdrawing his appeal since he was satisfied with the proposed landscaping plans. He -2- stated that he had in the past and would be willing in the future to help maintain the Post Office landscaping adjacent to his property. He suggested that the Post Office continue the wooden fence so that it would act as a sound barrier. Discussion on the possibility of continuing the fence to the [Mountain Ash and how it would be landscaped if it were to be installed. Burke gave his recommendation in which he stated that the plans that had been recently submitted by the Post Office reflected the following changes: 1. Reduction of the distance in front of the loading dock from 50 ft. to 40 ft. which allows retention of the Mountain Ash. 2. Reduction of the paving adjacent to the hammerhead. 3. Definition of the entry to the parking lot with a 24 ft. curb cut and curb around the landscape area. 4. Regrading, repair and reconstruction of the street, curb and sidewalk in front of the property. 5. Landscaping adjacent to the street, infilling the existing screening; and placing new screening around the hammerhead. He stated that he would approve the plans with the following conditions: 1. Approval of Variance by the Board of Adjustment. 2. Receipt of all Building Permits. 3. Lighting at parking lot and in loading dock is shielded so it will not shine on adjacent property. 4. Building is painted in a color similar to the brick. 5. The Post Office will submit a copy of the landscape agreements for the City's file which will assure at least a two year guarantee on the new and relocated plant materials. 6. The recycling container is relocated as close to the Post Office building as possible (existing curb cut) on a concrete pad; the sidewalk is repaired; and landscaping similar to that proposed in front of the Post Office parking lot, is placed between the recycling bin and the property line adjacent to the store. John Frost stated that he would like the Board to put a condition on the application that Dr. Beebe withdraw his appeal. Public hearing was closed -3- Zubko moved to approve the conditional use based on Plannin_& ,Consultant's reconmen-dVns.EindT witHFi` he condition that the host _ ._ Office pia' in, beyond the first two years, landscaping in an orderly manner according to landscape maintenance standards. Taylor seconded the motion, Griffiths and Olsen voted aye and Hillman abstained from voting. The motion carried. The meeting was adjourned at 10:10 PM. Lynn armor, Secretary to the Planning Commission -4- MEDINA BOARD OF ADJUSTMENT MINUTES December 13, 1988 The meeting of the City of Medina Board of Adjustment was called to order at 7:30 PM by Chairperson Langenbach. The meeting was tape recorded. Members Present: Chairperson Langenbach, Shomler, Chapman and Cory Members Absent: Clise Cory moved to approve the minutes of the November 8, 1988 meeting, Chapman seconded the motion and it was approved unanimously. Case No. 649 - Evans/U.S. Post Office - 816 Evergreen Point Road - Allow con§r_uelri onof a24 ft. x 20 ft:. addition with deck for Ze room and additional parkii._ th_ istin .. Past Office building which is nonconforming due to encroachment into front yard setback. NOTE: Clyde Cory and Read Langenbach stated that since most matters had been resolved that they would sit on the board for the purpose of making a quorum but would abstain from voting. Planning Consultant Burke stated that this request was initially heard at the Board of Adjustments regular meeting in October. Because most of the testimony related to the issues of the expansion and on -site mitigation through landscaping, etc. it was decided to table the request to allow the Planning Commission to complete its deliberations on the Conditional Use. A SEPA Declaration of Non Significance was issued. They approved the expansion of the Post Office subject to a landscape plan in October. At their November meeting - after meetings between the applicant and neighbors - the Planning Commission approved the site plan with landscaping. Burke further stated that the issue before them was that of the expansion of a nonconforming structure due to its 30 ft. intrusion into the front yard setback. Dave Howard, of the Postal Service, was present to discuss the submitted plans which showed a general building layout. There was then discussion on the actual expansion and improvements that were being proposed. -1.- Shomler moved to approve the variance request, based on the drawings submitted, Chapman seconded the motion and it was app� roved. Clyde Cory and Read Langenbach abstained fro voting. Case No. 650 - Dr. & Mrs. Kren el 103 84th Ave. NE - Allow 138 sq. ft. addition extends into setbacks to an existing nonconforming house to exceed 15% allowable lot coverage by 12/ (27%). Clyde Cory excused himself from the meeting since he had a conflict of interest with the variance request. Dr. Krengel was present to discuss his variance request with the Board. He stated that the addition would not encroach further into the required setback than it already did and that all the work would be under the existing roofline. Discussion followed regarding the addition. Chairperson Langenbach read a recommendation from Fred Hillman of the Planning Commission in which he stated that he recommended the granting of the variance. Planning Consultant Burke stated that the variance is necessary because of special circumstances related to the size (10,924 sq. ft. lot in R-30 zone); shape (triangular, thereby reducing buildable area); topography (high bank at northeast corner); and location of existing house. He would recommend approval. Glen Chapman viewed the property and would recommend approval subject to; the recommendations of the Planning Consultant; the submitted plans, Shomler seconded the motion and the variance request was approved. Case No. 651 - James and Kimberly Franck, 7701 NE 8th - Allow new house to exceed maximum allowed height 67 25 ft. by 11 ft. (36 ft. from lowest point). Glen Chapman excused himself from the meeting due to a conflict of interest with this variance request. Mr. James Franck was present to state that his variance request was necessary due to the topography of the site. He stated that the house would be approximately 27 ft. high but due to the slope of the site that the house would be 36 ft. from the lowest point of the original grade. Discussion followed on the topography of the site. Beth Spadafora, 7626 NE 8th, a neighbor was present to question how high the house would appear and wanted to better understand why the house was exceeding the maximum allowed height of 25 ft. by 11 ft. -2- Mr. Franck explained that the house would actually appear 25 ft. high from the street but since the site had such a sloping topography and since the height was measured from the original grade that the house was 36 ft. from the lowest point. Earl Johnson, 8711 Ridge Road, was present to state that he did not want the variance granted and wondered if the applicant had fully explored other alternatives. Planning Consultant Burke gave his recommendation in which he stated that the variance for increased height is necessary because of the topography of the site subject to the following recommendations: 1. The height on the north elevation not exceed 25 ft. above the existing grade at the centerline of the property. 2. The final grading plan is approved by the City Engineer. 3. Receipt of all building permits. Mike Zubko, of the Planning Commission, was present to state that he had reviewed the site and that he would recommend approval of the variance request since there was no relief in this zone for height. Discussion followed regarding the Ordinance No. 433 which gives the restrictions for building in the R-16 zone. Park Thorsen, 7620 Overlake Drive W., was present to state that he recommended that the Board adhere to the ordinance and deny the variance request. Mr. P.J. Lucas, 7725 NE 8th, would not recommend the approval of the variance request. Cory moved to table the variance request and to have the Board make a site visit to the property at 4:00 PM on the day of the next Board of Adjustment meeting, January 10th, 1989, Shomler seconded the motion and the variance request was tabled. Anthony Schwab - Lot 1 Block 1 - Lake Crest Park, Div. 2 - Appeal of the decision of the Building Official for the determination that the property is not a legal building lot. Read Langenbaeh excused himself from the meeting due to a conflict of interest. Mr. Anthony Schwab was present to discuss the stipulated facts, that he and City Attorney Wines had agreed on, and also to discuss the exhibits that he had submitted. He stated that all the information that he submitted was true and accurate. City Attorney Wines stated that he had agreed to the stipulated facts and the validity of certain exhibits but that he did not agree that the all the facts presented are relevant to the case. Discussion followed in which Mr. Schwab quoted other cases in which similar situations had arisen. Also, they went on to discuss the definition of separate ownership. Mr. Schwab stated that he would waive his right to be present if the Board wanted to make a decision and then notify him in writing of their decision. Chapman moved to table the request, Shomler seconded the motion and the motion was tabled unanimously. The meeting was adjourned at 9:50 PM. Lynn atatcheaor, Secretary to the Board of Adjustment