HomeMy WebLinkAboutR-1997-035 Comm. & Econ. Dev. / Marshall AppealRESOLUTION NO. R97 - 35
A RESOLUTION granting Clarence E. Marshall's appeal of the Hearing Examiner's
decision granting Travis and Sandra Rundell's appeal of the
Administrative Official's denial of Rundells' application for
reduction of the side yard setback requirements of the Yakima
Municipal Code, and adopting findings and conclusions.
WHEREAS on August 13, 1996, Travis and Sandra Rundell duly.applied for
administrative adjustment of the side yard setback requirements of Table 5-1,
chapter 15.05 of the Yakima Municipal Code in order to add a bedroom to their
house at 4934 Castleview Drive; and
WHEREAS on September 3, 1996, the Administrative Official duly denied the
Rundells' application; and
WHEREAS on September 9, 1996, pursuant to chapter 15.16 of the Yakima
Municipal Code, Travis and Sandra Rundell duly appealed the Administrative
Official's denial of the Rundells' application; and
WHEREAS on October 10, 1996, the Hearing Examiner conducted a duly convened
public hearing on the Rundells' appeal and, by the Examiner's Decision issued
October 31, 1996, granted the Rundells' appeal and reversed the Administrative
Official's denial of the Rundells' application; and
WHEREAS on November 13, 1996, pursuant to chapter 15.16 of the Yakima
Municipal Code, Clarence Marshall appealed the Hearing Examiner's decision to
grant the Rundells' appeal and reverse the Administrative Official's denial of the
Rundells' application; and
WHEREAS on January 7, 1997, the Yakima City Council conducted a duly convened
public hearing on Clarence Marshall's appeal of the Hearing Examiner's Decision to
grant the Rundells' appeal and reverse the Administrative Official's denial of the
Rundells' application; and
WHEREAS the Yakima City Council finds that the Rundells' proposal:
1. would reduce the side yard setback from five feet to three feet on the
southeast side of the existing single family residence, which could
impede access by firefighters and other emergency service providers;
and
2. would not comply with the side yard setback standards of the R-2
zoning district; and
3. would be out of character with the immediate neighborhood; and
4. would not be necessary if their addition were built on the rear of the
house instead of the side; and
WHEREAS the Yakima City Council concludes that the Rundells' proposal does not
meet the criteria of § 15.10.020 of the Yakima Municipal Code; now, therefore,
RESOLUTION GRANTING APPEAL
OF HEARING EXAMINER'S DECISION
ADMINISTRATIVE ADJUSTMENT OF
SIDE YARD SETBACK REQUIREMENTS
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BE IT RESOLVED BY THE CITY OF YAKIMA:
Clarence E. Marshall's appeal of the Hearing Examiner's decision granting Travis
and Sandra Runde11's appeal of the Administrative Official's denial of Rundells'
application for reduction of the side yard setback requirements of the Yakima
Municipal Code is granted, and the Rundells' application for reduction of the side
yard setback requirements of the Yakima Municipal Code is denied.
ADOPTED BY THE CITY COUNCIL, signed and approved this4th day of
March, 1997.
ATTEST:
(7:72)
Mayor Pro—Tem John Puccinelli
City Clerk
•
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ADMINISTRATIVE ADJUSTMENT OF
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: March 4,1997
ITEM TITLE: Consideration of Resolution granting Marshall Appeal
SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Econ
Development
CONTACT PERSON / TELEPHONE John Elsden, Senior Project Planner, 575-6162
SUMMARY EXPLANATION:
On January 7, 1997, the City Council voted to grant an appeal by Mr. Clarence
Marshall of the Hearing Examiner's decision to allow an administrative adjustment
of the side yard setback from five feet to three feet at 4904 Castleview Drive. Since
this is a rejection of the Hearing Examiner's decision, Council must adopt amended
findings and conclusions in accordance with UAZO 15.16.050.E. The attached
resolution will accomplish this requirement.
Resolution X Ordinance_ Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt attached Resolution granting appeal
BOARD RECOMMENDATION:
COUNCIL ACTION: