HomeMy WebLinkAbout03/02/2010 03C-3 Citizen Service Request: Citizen Comments from Richard MarcleyRE: Clearview Violation 0 MEMORANDUM ,
TO: Honorable Mayor Cawley and Members of the City Council
FROM: Joe Caruso, Acting Codes Manager
Joan Davenport, Planning Manager
DATE: • March 2, 2010
SUBJ: . Citizen Comments from Richard Marcley regarding Clearview Violation
Citizen Testimony
At the February 16, 2010 Yakima City Council meeting, Richard Marcley voiced his
concern about a notice of clearview violation of his property at 812 S 11th Avenue.
Mr. Marcley noted that he felt the regulation was not appropriate for his location
and requested the City consider changing the standard.
Background
• In October of 2009, the City of Yakima received a citizen complaint about overgrown
vegetation at the corner of 1 lth Avenue and Arlington, at Mr. Marcley's property
located at 812 S 1 lth Avenue. City Code Enforcement staff followed up on the -
complaint in the fall, attempting to work with Mr. Marcley to gain compliance with
the requirements of the Clearview standards of the Zoning Ordinance. It was
determined that an older chain link fence is within the clearview area, as well as
some brush and shrubs. Code Enforcement staff had several contacts with this
citizen over the winter, granted an extension of the time to clean-up the site and
gave Mr. Marcley the opportunity to file an Administrative Adjustment with the
Planning Division. In January 2010 code staff conducted a site visit, determined
that although some clearing of vegetation had occurred since October, the clearview
area. was still in violation and issued a Notice of Noncompliance Order. On
February 16, 2010 Mr. Marcley called the Planning Division to discuss his situation
and testified that evening to the City Council.
Analysis of Location .
On February 22, 2010 Mr. Joe Caruso spoke with Mr. Marcley. After evaluation of
the history of this site including previous complaints and research into the age of
the fence Mr. Caruso suggested that if the vegetation was cleared from the clearview
.
area, the fence could remain, as it was open chain link. Mr. Marcley politely refused
the offer, insisting that the vegetation was important for privacy of his property. In
many locations, clearview issues are re- occurring problems, due to the active
"growing" nature of the plant material. Staff often seeks "reasonable compliance"
® striking practical balance to site - specific concerns. Chain link fences often create
the need for a judgment call based on the situation.
•
Administrative Adjustment Process
The standards for Vision Clearview at Intersections may be modified under certain
conditions under the provisions of the "Administrative Adjustment" provisions of the
Zoning Ordinance (YMC 15.10.020). This process requires a site plan, narrative
stating the reasons for the adjustment and notice to property owners within 500 feet
with an opportunity to comment. Mr. Marcley has been advised of this procedure,
but has not filed for review. The fee for an Administrative Adjustment is $295.
15.10.020- Administrative Adjustment of Some Development Standards
Authorized
The purpose of this section is to provide flexibility by allowing certain development
standards in YMC Chapter 15.05 -15.08 to be administratively adjusted. A particular
standard may be reduced or modified, so long as, the Administrative official
determines that the adjustment an /or reduction is consistent with, the purpose, the
intent and purpose of the standards.
Clearview Standards
The current standard for Vision Clearview at Intersections was modified in 2008.
Prior to 2008, there were two standards for intersections - one in the Zoning
Ordinance for walls, fences and buildings (an 80' by 80' triangle) and another
standard in the Traffic Code for vegetation (based on speed limits). Until 2008, these •
overlapping provisions of the Municipal Code existed and were enforced by two
different staff members (Codes and Public Works). In 2008, the Traffic Code (YMC
8.80.025) Clearview was eliminated and the Zoning Ordinance became the
controlling regulation for intersection clearview enforcement. The revised clearview
area of 15' by 120' replaced the previous 80' by 80' triangle. The 15 -feet represents
the average length of a vehicle; the 120 -feet represents the distance a vehicle travels
at 25 miles per hour in 3 seconds (minimum reaction time for a driver).
•
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® Copyright 2009 City of Yakima, Washington. All rights reserved. Map Disclaimer: Information shown on this map is fnr planning and Illustration purposes only. The City of Yakima assumes no liability for any ermR. omissions,
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Created: Thursday, Feb. 25, 2010 at 10:01 AM
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15.05.040 Vision Clearance III
A. Intersections. All corner lots at unsignalized street intersections or railroads shall maintain,
for safety vision purposes, a vision clearance triangle. The vision clearance triangle shall
measure fifteen feet by one hundred and twenty feet along the perpendicular lengths formed
by three points including:
1. A point at the intersection of the extended curb -lines or pavement edge /travel lanes;
2. A point measured one hundred and twenty feet from the first point, forming a line along
the adjacent perpendicular street curb -line or pavement edge /travel lane; and,
3. A point measured fifteen feet from the first point, forming a line.
Nothing within the vision clearance triangle shall be erected, placed, planted, or allowed to
grow in such a manner as to materially impede vision between the heights of two and one -
half and ten feet above the centerline of grades of intersecting streets (and/or railroads) or the
future intersection centerline where improvements are planned with the six year road
improvement program, on file in the City Engineering Division. (See Figure 5 -1)
B. iI'riveway Curb Cuts or Alleys. This applies only to uses established under the terms. A
vision clearance triangle shall be maintained at all driveways, curbcuts, and the intersection
of an alley with a public street for vision safety purposes. The vision clearance triangle shall
measure fifteen feet along the perpendicular street curb lines or pavement edge, or travel lane
of the public -street and fifteen feet along the driveway or alley. The third side of the triangle
shall be straight line connecting the fifteen foot sides describe above. No sign or associated
landscaping shall be placed within this triangle so as to materially impede vision between the •
heights of two and one -half and ten feet above the centerline grade of the streets.
Figure 5 -1
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15.05.050 — Street Right -Of -Way l edication
All new development shall dedicate, where necessary, street right -of -way in conformance with
the standards in the County /City Subdivision Ordinance and the Arterial Street Plan adopted in
the Yakima Urban Area Comprehensive Plan, except for application under the jurisdiction of the
City of Yakima, YMC Title 12 shall prevail over the provisions of this section to the extent of
any conflict between such provisions. •
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