HomeMy WebLinkAboutR-1996-122 Appeal / Hearing Examiner’s Decision / Gregory M. McClure / Administrative AdjustmentRESOLUTION NO. R 96 1
A RESOLUTION adopting amended findings and conclusions in the appeal of the
Hearing Examiner's Decision of an appeal of an administrative
adjustment application filed by Gregory M. McClure.
WHEREAS, by application filed November 16, 1995, pursuant to the provisions of
chapter 15.10 YMC, Gregory M. McClure ("Applicant") requested administrative
adjustment of site design and improvement standards to allow fence height of 6 feet
rather than 4 feet for fences he had constructed on his property at 1020 S. 31st Ave.
("Subject Property"); and
WHEREAS, on January 12, 1996, pursuant to the provisions of chapter 15.10 YMC,
the Administrative Official approved the requested fence height adjustment; and
WHEREAS, on January 26, 1996, pursuant to the provisions of YMC 15.16.030, Janice
E. Woolen ("Appellant') timely appealed the Administrative Official's decision to
the Hearing Examiner; and
WHEREAS, on March 14, 1996 the Hearing Examiner conducted a duly convened
public hearing on the appeal and on April 1, 1996, rendered his Examiner's Decision,
Examiner No. I96-1-14, granting the appeal to determine the vision clearance
triangle from the north side of the sidewalk along Nob Hill Blvd., adjacent to the
Subject Property, rather than from the face of the curb on the north side of the
Subject Property, and requiring that the basic site design and improvement
standards regarding fence height should remain unadjusted; and
WHEREAS, on April 15, 1996, pursuant to the provisions of YMC 15.16.040, the
Applicant timely appealed the Hearing Examiner's Decision to the City Council; and
WHEREAS, On June 4 and 25, 1996, pursuant to the provisions of YMC 15.16.050,
the City Council conducted a duly convened public meeting on the Applicant's
appeal; and
WHEREAS, the City Council rejected the decision of the Hearing Examiner as to
determine the vision clearance triangle from the north side of the sidewalk along
Nob Hill Blvd., adjacent to the Subject Property, rather than from the face of the
curb on the north side of the Subject Property; and
WHEREAS, pursuant to the provisions of YMC 15.16.050E, the City Council is
required to adopt amended findings and conclusions when it renders a decision
different than the decision of the Hearing Examiner; now therefore
THE COUNCIL OF THE CITY OF YAKIMA, WASHINGTON RESOLVES:
The Hearing Examiner's Decision to determine the vision clearance triangle from
the north side of the sidewalk along Nob Hill Blvd., adjacent to the Subject Property,
rather than from the face of the curb on the north side of Nob Hill Blvd., adjacent to
the Subject Property is rejected. The Findings and Conclusions of the Hearing
Examiner's Decision, Examiner No. I96-1-14, are adopted and incorporated herein as
the City Council's Findings and Conclusions, except that the City Council finds that
pursuant to YMC 15.05.040, the vision clearance triangle standards are not
ambiguous and concludes that the vision clearance triangle shall be determined
from the face of the curb on the north side of Nob Hill Blvd., adjacent to the Subject
Property, and those portions of the Hearing Examiner's Findings and Conclusions
which are inconsistent with this finding are stricken and shall be of no effect.
ADOPTED BY THE CITY COUNCIL THIS . day of September, 1996.
A 11EST:
cVua-a,
Lynn Buchanan, Mayor
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 19
For Meeting Of 9/3/96
ITEM TITLE: RESOLUTION ADOPTING AMENDED FINDINGS AND CONCLUSIONS
IN THE APPEAL OF THE HEARING EXAMINER'S DECISION OF AN APPEAL OF AN
ADMINISTRATIVE ADJUSTMENT APPLICATION FILED BY GREGORY M. MCCLURE.
SUBMITTED BY: LAWRENCE A. PETERSON, ASSISTANT CITY ATTORNEY
CONTACT PERSON/TELEPHONE: LARRY PETERSON, 575-6030
SUMMARY EXPLANATION: This resolution has been drafted to fulfill the
requirement of YMC 15.16.050E that the City Council adopt amended Findings and
Conclusions when it renders a decision different from the Hearing Examiner's decision in
an appeal of an administrative adjustment.
Resolution X Ordinance Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: ADOPT THE PROPOSED RESOLUTION.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
PLEASE NOTE: The issue regarding the Greg McClure fence
height violations located at 1020 South 31st Avenue has been
resolved, as verified by a Code Inspector on August 29, 1996.
Mr. McClure lowered the fence height to four feet within the
required side yard set back, which brings it into compliance
with the provisions of the Urban Area Zoning Ordinance.
lap/contracts (& resolutions)/ycda/agenda form.lap 8/30/96 1:20 PM