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Home My WebLink About1990-3288 Rezone 708 North 5th Avenue . , • 1011! ORDINANCE NO. 3,2-gg AN ORDINANCE rezoning' property at 708 North 5th Avenue 345 the City of Yakima, Washington from Residential (R-3) to Historical Business (0), 1 41 . 4 amending the zoning map of the City of WHEREAS, on May 2, 1990, the Hearing Examiner he a hearing on a rezone request initiated by Mildred SonsalLa and Michael Sonsalla to rezone property at 708 North, 5th Avenue, Yakima, Washington, the legal description of which is set Out hereinbelow, from Multi-Family Residential (R-3) to Historical Business (HB); and WHEREAS, as a result of that hearing, the Hearing Exami- ner recommended to the City Council that the rezone be gran- ted; and WHEREAS, at its public meeting on July 10, 1990, the City CounCil determined that the recommendation of the Hearing Examiner should be affirmed; now, therefore, 11, 111 BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1: The decision of the Hearing Examiner, r4Com- mending the rezone of property located at 708 North 5th Avenue in the City of Yakima, Washington, legally described as fol- lows: The East 125 feet of West 300 feet of South 47.92 feet of North 388.17 feet of Northwest 1/4, Southwest 1/4, South- east 1/4. Parcel #181313-43021. from Multi-Family Residential (R-3) to Historical Business (HB), is hereby affirmed; and that property is hereby rezoned to Historical Business (HB). Section 2: The City of Yakima zoning map is hereby amended to correspond to the rezone ordained by Section 1 of this ordinance. Section 3: The City of Yakima City Council hereby adopts the findings and conclusions of the Hearing Examiner's recom- mendation pertaining to this rezone found in the Examiner's Recommendation, City No. UAZO RZ #3-90, Examiner No. 190-2-30, - 1 - (ord/708) a true copy of which recommendations is identified as Exhibit "A", attached hereto, and incorporated herein. 411111 Section 4: The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section 5: This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 2 Li -rw day of C , 1990. Q 4 . 1‹.4/ Mayor ATTEST: ■•J / c_ City Clerk 4V4 Publication Date: 7/27/9 Effective Date: (ord/708) - - r ` r� • Rezone Application by ) £ XAMINER'S RECOMMENDATION MICHAEL and wTt•nRED ) SONSALLA ) City No. UAZO RE #3 -90 ) Exa *ingr Yo. X90 -2 -30 from R -3 to MB. ) The Examiner conducted a public bearing on May 2, 1990. The staff report presented by Mr. Larry Lehman recommended denial. Mr. Sonsalla appeared. There was no opposition. The Examiner inspected the property May 2, 1990. pUKK .RY OF PECOMMENDATION. The Examiner recommends approval of this rezone. From the view of the site, the matters contained in the official record, including the staff report, a review of both the • Yakima Urban Area Comprehensive Plan and the Yakima Urban Area ' Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Applicant Michael and Mildred Sonsalla. 2. Location. 708 North 5th Avenue. Yakima County Assessor's Parcel No. 181313-43021. 3. Application. Rezone. 4. provosed Zone. Historic Business (HB). 5. proposed pee. Bookstore. 6. Current Zonina And Use. The subject property is zoned Multi- Family Residential (R -3), and is currently occupied by a vacant commercial building. Because this use was discontinued for _ a period of more than 12 months it lost its status as a legal non- conforming use (UAZO Ch.15.19.100). Adjacent properties have the following characteristics: .1 EXAMINER'S RECOMMENDATION - 1 HEARING MAIM ER roe THE CM AND COUNTY or YAKMA PICOT OVCE0044 EXHIBIT "A" YAK MA WASH NOWDN00907 CBOD, 1480700 yocatioa Zoning Existing Land Use • North R -3 Single - Family Residential East B -2 Undeveloped (across 5th Ave.) West 1R -3 Single - Family Residential South R -3 Multi- Family Residential 7. Froiect Description This is a single lot in an R -3 zone with single - family houses around it. Across the street vets wield gas station on the corner which vas originally historic business which vas rezoned to 8-2 in 1986 or 1987, after adoption of the Urban Area Zoning Ordinance. Why this existing structure was not also zoned BB when the Urban Area Zoning Ordinance was adopted is unclear. Apparently at the time the property had been sold by the Sonsallas, and the new owners apparently were not aware of the zoning bearings. Now the Sonsallas have repossessed the property and want to put it to some use. The building is approximately 60 years old. It was originally a retail food outlet. - From February 1975 to February 1985 it was used as a wholesale /cash and carry warehouse. From March 1985 to February 1988 it was used for J i S Crafts, a crafts and hobby 0 retail outlet. The existing building is an inexpensive commercial -type structure clearly not appropriate for residential use. It has about 1,600 square feet, of which half will be used for storage and half for a used bookstore. Five off - street parking spaces are required - by the ordinance and five or six will be provided. Primary access to the site is by two existing residential - style curb cuts on North 5th Avenue. Access is not good, however, this is not an intensive use and the lot is so small that it is unlikely any more significant uses will occur in the future. Allowing the rezone accommodates utilization of an existing structure which would otherwise have to be destroyed if the property is to revert to residential use. Depending upon parking configurations, one or both of the single -wide driveways can be used. If parking is perpendicular to the building, facing east and west, five spaces can be provided on 0 EXAMINER'S RECOMMENDATION - 2 %FARM E%AM NE71 FOR T4( =Fr AND COUNTY Cr YAKMA POST OFF= MR • %NOWA. WA PIG TON veao MOW 2411-0704 the lot, both drives can be used, with enough room to turn around on the lot. Five to six spaces could be provided if they are placed perpendicular to the south property line, .in which case only the north driveway would be used. Additional parking is available off the gravelled alley. B. Yakima Urban Area Boni= •rdinance The criteria for rezones established by YMC 15.23.030.5 are considered below: 8.1 Testimony. There vas no opposition. 8.2 Suitability of the Property. This small lot is limited in its potential uses both because of site and its location, bordered by housing. Due to the small lot size it is unlikely that the property will ever be used for an intensive use which presents compatibility problems with the neighborhood. 8.3 Aaencv Recommendations. The major concerns are the driveway access. The planning division is also concerned that allowing this rezone might establish a precedent for allowing every illegal non - conforming use to get Historic Business zoning status and therefore continue as a legal use. The unique history of this site coupled with its small size suggests that allowing this rezone will not establish an unwieldy precedent. The legislative intent for the HB District is unclear, but a review of the ordinance suggests that it was intended to allow basically spot zoning of exist : ng businesses which would otherwise become legal non- conforming uses. By allowing a zone to cover these otherwise non - conforming uses, it is easier for those existing businesses to continue to exist, expand, and convert to another type of use. It may be appropriate to clarify the nature of the BB zone in future text amendments, perhaps by prohibiting future rezones to MB. 8.4 a., _!c- V ._,s_ _, , ••! QLdinance. This project does not present neighborhood compatibility problems, is limited in both scale and scope, 411 and essentially conforms current zoning to the historical use of the property and is accordingly consistent With both the EXAMINER'S RECOMMENDATION - 3 HEM Fdc DAM P40:1 FOR THE G1TY AND COUNTY OF YARMA POST OFFICE BOX • YAKMA WASW I437ON 90S07 1804! 24114704 comprehensive plan and the zoning ordinance. 1.3 Adequacy _of Public Facilits. Public ,}sr•i 1 ities • are available and are adequate. 8.6 Compatibility. There are no compatibility issues. Sitescreening is not required. The historic use of this property, if it had gooeratad concern by the neighbors, would have triggered some sort of comment at or prior to the hearing. The purpose of this rezone is basically to allow continued use of an existing building, without requiring substantial additional capital expenditures which might make it less likely that this property would eventually revert to residential use. 8.7 Public Need. Allowing this rezone does not adversely impact the public health and welfare, and allows continued use of an existing structure. 9. e ..v , _, - • y . A Determination of Non - significance was issued on April 4, 1990. 10. Public Notice. Public notice of the hearing vas provided in accordance with the ordinance. • From the foregoing Findings, the Examiner makes the following: 1. The Examiner has jurisdiction. 2. The proposed rezone conforms to the goals and policies of the Yakima urban Area Comprehensive Plan .and to the intent of the Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the BB District; any problems with neighborhood compatibility can be resolved; and a public need does exist for the proposed change. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: • EXAMINER'S RECOMMENDATION - 4 WARM EWM HIM FOR TIE TTY AND C>D r TY OF YAKMI ro6T OFFICE DOx 4 YAKMA. WASHINGTON 9e007 1509124111.0706 • j1ECOMMENDATION • Approve this rezone application, from-R-3 to B. Respectfully submitted this ISr day of May, 1990. Ntx PHILIP A. LAMB Hearing Examiner EXAMINER'S RECOMMENDATION - 5 MEARNG EXAMINER POR THE Orr AND COUNTY OF ►AKMA POST OFFICE eox 4 YAK NA, WA9tNG7OMr 90907 GOQI 2411-0706