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Home My WebLink About07/07/2009 07 Huit Administrative Adjustment Request - Closed Record Public Hearing BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting of: July 7, 2009 ITEM TITLE: Closed Record Public Hearing on appeal of the Hearing Examiner's Decision regarding the Huit Administrative Adjustment request. SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Vaughn McBride, Associate Planner, 575 -6315 SUMMARY EXPLANATION: Howard Huit appealed the City of Yakima Hearing Examiner's decision to deny a request to adjust the rear yard setback standard by 73% in the R -3 zoning district at 1004 N. 34` Avenue #7. The requested adjustment of the 15 -foot minimum standard would have resulted in a rear yard setback of 4 feet. The Hearing Examiner issued a decision on April 23, 2009 on File #Appeal 3 -08 affirming the Administrative Official's denial of this request (File Adm. Adj. #29- 08), dated January 22, 2009. The Applicant submitted an appeal of the Hearing Examiner's Decision on May 11, 2009. Resolution Ordinance Other (Specify) Hearing Examiner's Record, Notices Contract Mail to (name and address): Phone Funding Source APPROVAL FOR SUBMITTAL: /._ _ G` "Ic City Manager STAFF RECOMMENDATION: Staff recommends that Council review the record, consider the testimony and either 1) adopt, 2) amend and adopt, 3) reject, 4) reverse, 5) amend and reverse the findings, conclusions, and decision of the hearing examiner, or 6) remand the matter for further consideration. BOARD / COMMISSION RECOMMENDATION: The Hearing Examiner issued his decision on April 23, 2009 to affirm the Administrative Officiars denial of January 22, 2009 of the Administrative Adjustment request. COUNCIL ACTION: HOWARD HUIT APP #003 -09, APP #003 -08, ADJ#029-08 City Council Closed Record Appeal Hearing July 7, 2009 EXHIBIT LIST Appellant: Howard Huit File Number: APP #003 -09, APP #003 -08, ADJ #029 -08 Site Address: 1004 North 34 Avenue #7 Staff Contact: Vaughn McBride, Associate Planner Table of Contents CHAPTER AA Agenda Statement CHAPTER BB Hearing Examiner's Decision CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST (Development Services Team) Comments CHAPTER E Application CHAPTER F Public Comments / Correspondence CHAPTER G Notices CHAPTER H Public Hearing DVDs HOWARD HUIT APP #003 -09, APP #003 -08, ADJ #029 -08 • EXHIBIT LIST • CHAPTER AA Agenda Statement DOCUIVIE ` :o : 'DATE � � `t3e ra � k`- -xx 9«x^��`.'� aY ew, s�� g� w g � +�, ri��'. '�'' ,� �.`�'. '�'zF �,�.'�.'�' �1T S�3'�.�� -a�,y4 a fi� =«a y � � � ,�' . �,: • .: "I. -NDE - i �. {a ; w' ` '� -?� }, S Y ^"' a r7. - : ,�, 1 f h ,,,far :at5 3 +.�-` „4- '' 0 �? �' ssE � �"'�' k N r A � � .� lh"�v- `� » te a 4 AA -1 Agenda Statement — Closed Record Appeal Hearing 07/07/2009 • • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: July 7, 2009 ITEM TITLE: Closed Record Public Hearing on appeal of the Hearing Examiner's Decision on the Huit Administrative Adjustment request. SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Vaughn McBride, Associate Planner, 575 -6315 SUMMARY EXPLANATION: Howard Huit appealed the City of Yakima Hearing Examiner's decision to deny a request to adjust the rear yard setback standard by 73% in the R -3 zoning district at 1004 N. 34 Avenue #7. The requested adjustment of the 15 -foot minimum standard would have resulted in a rear yard setback of 4 feet. The Hearing Examiner issued a decision on April 23, 2009 on File #Appeal 3 -08 affirming the Administrative Official's denial of this request (File Adm. Adj. #29 -08), dated January 22, 2009. The Applicant submitted an appeal of the Hearing Examiner's Decision on May 11,2009. Resolution Ordinance Other (Specify) Hearing Examiner's Record, Notices Contract Mail to (name and address): Phone: Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends that Council review the record, consider the testimony and either 1) adopt, 2) amend and adopt, 3) reject, 4) reverse, 5) amend and reverse the findings, conclusions, and decision of the hearing examiner, or 6) remand the matter for further consideration. BOARD / COMMISSION RECOMMENDATION: The Hearing Examiner issued his decision on April 23, 2009 to affirm the Administrative Official's denial of January 22, 2009 of the Administrative Adjustment request. COUNCIL ACTION: DOC. INDEX HOWARD HUIT APP #003 -09, APP #003 -08, ADJ #029 -08 EXHIBIT LIST • CHAPTER BB • Hearing Examiner Decision • s{` /''� 7�� f*.t ,�� -h y ,r �z,.r� ®� I._.y ; -e. 3 r ✓'S `- e s s «tDOl.+ 'i .. 'k�' K ,'M.. DA�E } T y{- , "�.� .` �, '4, , � +c1,� Kr '� i t �, .(,( .� ��.. R � �r .3'w i �t �tf'�' ".'" ` '. I E� }i' k i' '�6 e s ,�r L `a n 'fiAP O 'rs�r�f §141 t. �. + n. , } FG ' y$4 r {; a Z i It ; ;.r1 r :9_a A 3 ter ,Y-4 4 , 4fa s tai. -re la 44 Y� �. e�x� f� a $,,e + �,,.� n r ��,+�' " "" s . � ,esr.5,,._ F�.. ,�. ,,�F�k *,: <at ��a a?s:! �k, �.. r �. �«; z' � ,,.iu. -_�..;^�?�, a,K k.. ,t.,.n�4' BB -1 Hearing Examiner's Interim Decision 03/12/2009 BB -2 Hearing Examiner's Decision 04/23/2009 • • • • �,.. 0 RECEIVED APR 2 3 2009 CITY OF YAKIMA City of Yakima, Washington PLANNING DIY. Hearing Examiner's Decisio April 23, 2009 In the Matter of a I Appeal of a Delia' ) Of al Administrative Adjustment ) Submitted by: ) Appeal #3 -08 ) ADM AN #29-08 Howard Huit ) ) To Adjust the 15 -Foot Rear Yard ) Setback Standard the R -3 Zoning ) District to 4 Feet in order to Allow ) An Additioi to a Manufactured ) Home at 1004 North 34 Ave i ue, #9 ) 1 in troductio 1(; a The Hearing Examiner convened an open record public hearing on January 22, 2009, which was continued on the record at the Appellant's request first to February 11, 2009, and again to February 26, 2009. The evidence presented at the hearing on February 26, 2009, may be summarized as follows: (1) The staff report presented by Associate Planner Vaughn McBride recommended affirming the Findings and Final Decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008. That decision denied Appellant's application for an Administrative Adjustment of the 15 -foot rear setback standard in the R -3 zone to 4 feet so as to allow a kitchen addition in the rear yard of Appellant's manufactured home. (2) The Appellant's attorney, Philip Lamb, testified as to the reasons why the denial of the Administrative Adjustment should be overturned as explained in his Howard Huit: Appeal of Denial of 1 Rear Yazd Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. UNDER RECEIVED APR 2 3 2009 CITY OF YAKIMA PLANNING DIV. Memorandum in the record dated February 25, 2009, and called Sandy Cox, a Plans Examiner for the City of Yakima Code Administration Division, to testify as to the history of her meetings and discussions with him and Mr. Huit about code enforcement issues that were summarized in his Memorandum. (3) Yakima City Attorney Jeff Cutter testified that Mr. Huit knew he needed an Administrative Adjustment of the rear setback as of December 7, 2004, when Alice Klein indicated in an e -mail to him how far the structure was from the property line and discussed with him the possibility of setback problems. He also testified as to several related issues and as to why the Administrative Adjustment application should be denied, on its own merits under the criteria for an Administrative Adjustment because it is not consistent with the City's zoning ordinance. (4) A resident in Appellant's manufactured home park, Wayne Funkhouser, testified in accordance with his two letters in the record that the Appellant's application should be denied because it would be unfair to residents who follow the rules to reward the Appellant for his flagrant disregard of them. (5) The Examiner issued an interim decision within ten business days of the February 26, 2009, public hearing in order to request additional information before reaching a final decision. The interim decision dated March 12, 2009, requested answers to five questions from the City' and the Appellant within ten business days, and allowed responses to the answers to be submitted within ten business days thereafter by April 9, 2009. Mr. McBride submitted answers to the questions by means of a 3 -page Memo dated March 23, 2009. Mr. Lamb submitted answers to the questions by means of a 3- page Memorandum dated March 31, 2009. Mr. McBride submitted a response by means of a 2 -page Memo dated April 6, 2009. Those three submittals will be admitted into the record as additional exhibits. (6) This decision has been issued within ten business days after the record was closed on April 9, 2009, per the timeline prescribed by the interim decision. Summary of Decision. The Hearing Examiner affirms the decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, and denies this appeal of said decision. Howard Huit: Appeal of Denial of 2 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 - 08 DOC. INDEX RECEIVED APR 2 3 2009 CITY OF YAKIMA PLANNING DIV. Basis for Decision. Based upon the Hearing Examiner's views of the site with no one else present on January 20, 2009, and April 21, 2009; his consideration of the staff report, exhibits, written comments, testimony and other evidence presented at the open record public hearing on February 26, 2009; his consideration of the submittals dated March 23, March 31 and April 6, 2009, prior to closure of the record on April 9, 2009; and his . consideration of the applicable zoning ordinance provisions of the Yakima Municipal Code; the Hearing Examiner, based on the weight of credible evidence, which was in large part undisputed evidence, makes the following: FIND I" GS (1) The Appellant is Howard Huit, 1004 North 34 Avenue #7, Yakima, Washington 98902. (2) The Appellant's representative is Philip Lamb of Lamb Legal, 311 North 3rd Street, P.O. Box 4, Yakima, Washington 98907. (3) The owner of the property where the Administrative Adjustment is requested is Appellant Howard Huit. (4) The location of the property where the Administrative Adjustment is requested is Appellant Howard Huit's residence. It is Assessor's tax parcel number 181315- 14442. (5) The zoning of the Appellant's property and all the adjacent properties is Multi- Family Residential (R -3). A manufactured home and detached garage are located on the Appellant's property. Manufactured homes are located on all the adjacent properties except for the multi- family complex north of the Appellant's property. (6) This matter comes before the Examiner as an appeal from a decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, denying an Administrative Adjustment for a stick -built addition to a manufactured home that has already been built Howard Huit: Appeal of Denial of 3 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 D ®C. INDEX FtECEIVED APR 2 3 2009 CITY OF 'Yr AKIM A PLANNING DIV. 4 feet from the rear property line so that it is 11 feet into the '15- foot -wide rear setback area and 6 feet into the platted 10- foot -wide utility easement area between Appellant's residence and north property line. The request for an 11 -foot adjustment of the 15 -foot rear setback requirement is a request for a 73% reduction of the rear setback requirement. (7) The 10- foot -wide utility easement was established along the rear boundaries of the properties within the plat of Chesterly Park Addition by means of recording the plat on August 31, 1983. The plat of Chesterly Park Addition was annexed into the City of Yakima on January 1, 1991. There are presently no utilities within the easement. Utilities are within a parallel easement abutting the north boundary of the properties owned by the Appellant and his neighbors. (8) The purpose of the requested Administrative Adjustment of the rear setback requirement is to accommodate an existing 352- square -foot stick -built kitchen addition to Appellant's manufactured home residence. He constructed the exterior of the structure without proper review and permitting. The reason he gives for proceeding without any requisite permits is that he became confused and/or frustrated by the fact that the Department of Labor & Industries would have permit authority over the alterations to his manufactured home and the City would have permit authority over the stick -built portion of his addition. The interior of the addition is not completed. (9) A Notice of Noncompliance was initially issued by the Code Administration & Planning Manager on November 17, 2004, regarding the lack of permits for the addition to the manufactured home. (10) A Notice of Noncompliance regarding noted violations was issued on June 1, 2006, which requested that resolution to the outstanding code violations occur no later than October 3, 2007. (11) On April 30, 2007, at a public meeting in the manufactured home park located within the Chesterly Park Addition subdivision, property owners were informed of existing violations on their property. All property owners in attendance were given a written statement of the violations on their property, and asked to contact the City of Yakima within 30 days to voice their intentions with regard to the individual violations on their respective properties. (12) On November 28, 2007, in a letter from City Attorney Jeff Cutter, the Appellant was advised that "no construction activity is to occur on your illegal addition until the issues surrounding this matter have been resolved with the City of Yakima and a. Howard Huit: Appeal of Denial of 4 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3-08; ADM ADJ #29-08 DOC INDEX RECEIVED APP 2 3 2000 1 T Y OF yArdpiiih PLANNING 1J1i+. building permit issued." (13) After Appellant engaged Mr. Lamb's services, Mr. Lamb had several meetings with various individuals in an attempt to resolve the code compliance issues. In a meeting with Doug Maples, then Code Enforcement Officer Royale Schneider, Plans Examiner Sandy Cox, Mr. Huit and Mr. Lamb, the issues necessary to resolve the matter were reviewed. At that point it appeared that Labor & Industry review of the structural connection to the manufactured home would be required, as well as a building, permit from the City as to the stick -built addition. (14) Mr. Huit obtained stamped plans from the manufactured home manufacturer, and submitted building plans for the stick -built portion of the addition to the City for review. In the course of that review, it was discovered that the addition encroaches on a utility easement on the north (rear) of the lot. Ms. Schneider, Ms. Cox, Mr. Huit and Mr. Lamb met and discussed resolving that issue. Mr. Lamb had discovered an identical parallel unrecorded easement on the north side of the rear property line. That so -called Butler easement had been created when Dr. Butler developed the property to the north for senior housing. The City had relied upon that easement for utilities when approving the Butler project. Mr. Lamb recorded the easement in April of 2008. In the second meeting, there was discussion about how to deal with the encroachment issue, by either vacating the Huit easement or some other method. The persons in attendance settled on waiver letters from the various utility providers. At that time, the waiver mechanism was allowed by Section 15.05.020(D) of the Yakima Municipal Code (YMC), which until the October 2008 zoning ordinance amendments allowed encroachments on non - access easements if permission was obtained from the easement grantees. (15) Mr. Lamb drafted waiver letters for signature by the various utility providers, and reviewed the wording with Ms. Cox. Mr. Huit then obtained signatures from representatives of Charter Communications, Pacific Power and Cascade Natural Gas in June of 2008. Mr. Huit provided the original waiver letters to Mr. Lamb, and copies of those three waiver letters are in the record. The waiver letters state that those utilities are not presently using the utility easement over the Appellant's property and do not intend to use it in the future. (16) The City of Yakima Engineering Division was not willing to sign a waiver letter. Nor were waiver letters obtained from other utility entities which provide utility services within the City and which could potentially be considered easement grantees. (17) The Appellant's property was again inspected by Code Compliance staff on Howard Huit: Appeal of Denial of • 5 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX # r)177 �- I L EQVED ,APR 2 d 2009 CITY OF YAKihn, May 16, 2008, and on June 25, 2008. His violations included the construction of an addition to the manufactured home without required building permits contrary to the provisions of Chapter 11.04 of the YMC, and the construction of an addition to the manufactured home within the public utility easement contrary to the provisions of Chapter 15.05 of the YMC. The Appellant was ordered to remove the addition to the manufactured home on or before August 6, 2008. (18) The City of Yakima Department of Community and Economic Development received this application for an Administrative Adjustment on August 25, 2008. It was denied on October 22, 2008. This appeal was filed on October 31, 2008, within the 14- day appeal period. No issue has been made of the fact that the appeal fee was not received until January 2, 2009. (19) When Ms. Cox received the decision denying the rear setback adjustment, she discontinued her review of the Appellant's building plans which were in need of numerous clarifications and corrections. (20) The Butler easement currently contains the only utilities along the north boundary of Mr. Huit's property and presently is more accessible for future utility installation because it presently is used for a parking lot rather than for the fences and accessory structures that presently encroach on the utility easement south of the Butler easement. (21) The other encroachments over the utility easement south of the Butler easement are more temporary and are smaller than the Appellant's permanent stick -built kitchen addition encroachment. His addition is 22 feet wide and extends 16 feet into the rear yard from his manufactured home. It is a total of 352 square feet. The other existing encroachments are smaller accessory patio covers, carports, storage structures and the like that could be removed much more easily than the Appellant's addition if the easement were ever needed. (22) The other encroachments have been reviewed by the City Legal Department, and staff is working with property owners to resolve significant issues of concern. Even if none of the other existing encroachments on the easement are removed, the Appellant's encroachment is much larger and more permanent than other nearby encroachments on the easement and will likely prevent backhoes or other trenching equipment from installing utilities in the easement if circumstances should ever change in the future to require use of that easement instead of or in addition to the Butler easement. Howard Huit: Appeal of Denial of 6 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29-08 DOC. INDEX ECEVVE APR w 3 7riti6 CITY OF YAK;,y:, e13PY!"—; !T (23) The Acting Zoning Administrator's decision dated October 22, 2008, contains the following conclusions: "6. Location of addition is contrary to the provisions of UAZO Chapter 15.05 which prohibits the building or location on or in an easement without written permission from City of Yakima." "12. City Engineering Division does not encourage building in any easement and will not grant a variation for building in an easement." (24) In response to the Examiner's question in his interim decision as to whether the City Engineering Division has changed its position as to granting permission for the Appellant's encroachment on the utility easement since the decision of Acting Zoning Administrator Bruce Benson was issued, Mr. McBride submitted the following answer from City Engineer Doug Mayo dated March 19, 2009: "The issue in question is that one parcel in a multi- parcel development requests the adjustment of a rear yard setback. This adjustment would severely infringe on a utility easement that crosses and is for the benefit for all parcels along the north edge of this development. The utility easement was established for the benefit of all adjacent parcels to be available for utilities now or at any future time. To accept this request would deny this and all adjacent parcels this ability into the future. City Engineering supports the denial of this request." (25) The current version of Subsection 15.05.020(D) of the YMC in effect since October 2008 simply provides that "No structure shall be built or located on or in an easement." But the Appellant's August 25, 2008, application for an Administrative Adjustment is grandfathered or vested to the prior version of Subsection 15.05.020(D) of the YMC which stated that "No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee." (26) Vacation is only required for access easements under both versions of Subsection 15.05.020(D) of the YMC which provide that "The use of an access easement by a structure shall only be allowed upon vacation/alteration of the easement in accordance with provisions established in the Yakima county /city subdivision Howard Huit: Appeal of Denial of 7 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX # _ RECEIVED APR 32009 ' OF YAK lVi , ordinance." Even though vacation/alteration of an easement is not required for use of a utility easement, the clear purpose of Subsection 15.05.020(D) of the YMC relative to utility easements is to require that written permission from all potential users of utility easements must be obtained before encroachments can be allowed on utility easements. (27) The City of Yakima is one of the potential users of this utility easement. The City's Engineering Division was not willing to grant permission for Mr. Huit's encroachment when the Acting Zoning Administrator's decision denying his application for an Administrative Adjustment that would necessarily allow that encroachment was issued. The City's Engineering Division is still not willing to grant permission for Mr. Huit's encroachment and continues to oppose his request for an Administrative Adjustment that would allow that encroachment. In addition, according to the testimony at the hearing, letter waivers would also be required from other potential users of the utility easement besides the City of Yakima before the encroachment could be allowed by way of an Administrative Adjustment or otherwise. (28) At the hearing Mr. Lamb questioned the Examiner's jurisdiction to consider the presence or absence of permission to encroach on utility easements because if the addition were simply a Class (1) use, it would be dealt with by the City's Code Administration Division. He also suggested conditioning the Administrative Adjustment on obtaining the requisite permission from utilities. (29) Mr. Huit's encroachment is not simply a Class (1) use. Because of its location, it requires an Administrative Adjustment of the 15 -foot rear setback requirement. The Zoning Administrator and Hearing Examiner must be able to find that the requested Administrative Adjustment is consistent with the purpose of the zoning ordinance, Title 15. Section 15.10.020 provides that "A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title." (30) The requested Administrative Adjustment would permit an encroachment on a utility easement that is not allowed in this situation under Title 15, specifically Subsection 15.05.020(D) of the YMC, because written permission of potential easement users has not been provided and likely cannot be provided within a reasonable time. Since the City has steadfastly declined to grant permission for the encroachment since this application was filed last August, there would be no purpose in approving Appellant's request subject to a condition that would be impossible for him to satisfy within a reasonable time. One of the requisite criterion for an Administrative Adjustment Howard Huit: Appeal of Denial of 8 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 D ®C. INDEX # RE E VED APR 2 3 2009 CITY OF YAKIMA PLANNING NG DW. is lacking. The requested adjustment which would allow Mr. Huit's structure to encroach upon 6 feet of the 10 -foot -wide utility easement without the permission required by Subsection 15.05.020(D) of the YMC would not be consistent with the purpose of that requirement of Title 15. (31) Mr. Lamb has argued that the City Engineer's refusal to provide the requisite written permission for the encroachment on the utility easement is an arbitrary and capricious abuse of discretion because of the fact that this manufactured home subdivision is fully served by City water and sewer which is provided to the front of the residences in or near the access roads; the fact that the north side of the subdivision where this easement is located is adjacent to a senior living facility developed by Dr. Lloyd Butler and his associates; the fact that the senior living facility immediately adjacent to the Huit lot is fully developed, is served by all utilities and has a parallel utility easement immediately north of the subdivision easement; the fact that there is presently no need for the subdivision easement; and the fact that waiver letters have been obtained from the three entities which presently have utilities in the easement over the Butler property. (32) The Examiner is unaware of any obligation on the part of the City or any other provider of utility services to grant written permission to allow encroachments upon utility easements. If there is no obligation to allow encroachments upon utility easements, it would not be arbitrary and capricious to refuse to do so, especially here where the encroachment would be by a large and permanent structure over more than half of the width of the 10- foot -wide easement. The encroachment would only leave 4 feet of easement width remaining, and would likely prevent future installation of any utilities of any type at any time in the future. Without a crystal ball, the City Engineer cannot predict what the future might hold for that area even though there is presently no known need to use the utility easement. The City Engineer is an expert with regard to utilities. He knows better than the Examiner or the Zoning Administrator whether it is prudent to relinquish or jeopardize for all future generations the right of owners of parcels in that area to use that easement in the future if ever the need should arise. (33) Mr. Lamb requests that the criteria for an Administrative Adjustment be addressed in addition to the encroachment permission issue. For the reasons previously stated, the Examiner views the encroachment permission issue to be one of the criteria for an Administrative Adjustment in this situation because allowing the requested adjustment would here allow an encroachment upon an easement without the requisite permission. The Applicant has failed to establish that the requested Administrative Adjustment would Howard Huit: Appeal of Denial of 9 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29-08 DOC INDEX APR 2 3 2009 CITY OF YAKIivim PLANNING DIV. satisfy the first criterion for an Administrative Adjustment that it be consistent with the purpose of Title 15, specifically Subsection 15.05.020(D) of Title 15 of the YMC. (34) Insofar as Mr. Lamb's request may be considered a request to also address the other criteria for an Administrative Adjustment, those criteria do not necessarily include "compatibility with the neighborhood." Mr. Lamb argues that Mr. Huit's kitchen addition in the back yard of his residence is compatible with the neighborhood because of the fact that no one, neither adjacent homeowners nor owners of the Butler development to the north, submitted comments suggesting a lack of compatibility; the fact that access for fire protection purposes would be through the Appellant's north fence from the Butler paved parking lot; and the fact that medical emergency access would be from the front of the lot. Even though the Examiner views "compatibility with the neighborhood" to be a criterion more for Class (2) or Class (3) uses than for Administrative Adjustments, it should be noted that evidence was submitted for this record to the effect that the Appellant's addition is not considered to be compatible with the neighborhood by those employed by the City who have been trying to remedy code violations in this subdivision since 2004 and who are still working with property owners to resolve significant issues of concern in Mr. Huit's neighborhood. The more successful they will be in that regard, the more incompatible Mr. Huit's code violation will become. But even now, Mr. Huit's encroachment into the back yard area of his residence is greater and more permanent than any of his neighbors' encroachments into their back yard areas. (35) The specific applicable criteria for an Administrative Adjustment referenced in Section 15.10.020 of the YMC other than consistency with the purpose of Title 15 are consistency with the intent and purpose of the standards and accomplishment of the objective either to "Coordinate development with adjacent land uses and the physical features" or "Permit flexibility in the design and placement of structures and other site improvements." None of the other objectives that would justify an Administrative Adjustment -- solar access, zero lot line or common wall construction, or development consistent with a specific subarea plan -- have any relevance to this application. (36) The intent and purpose of rear setback standards in residential districts, according to Subsection 15.05.020(D) of the YMC, is "to provide privacy, light, air and emergency access." Reducing the required 15 -foot rear setback to 4 feet is a substantial reduction, a 73% reduction, in the rear yard area of the Appellant's back yard for his residence. It is a reduction that leaves only 4 feet between his kitchen addition and his back yard fence. Insofar as Mr. Huit may place little or no value upon privacy, light, air Howard Huit: Appeal of Denial of 10 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC INDEX RECEIVED APR 2 3 2009 effY OF YAKIMA INNING ay. and emergency access, he may be personally satisfied with the negative impact of his addition upon those desirable features of a residence. Even if that is the case, the size and location of the Appellant's addition is inconsistent with the intent and purpose of the applicable rear yard standard here which is to assure that residences have at least 15 feet rather than only 4 feet of open space in their back yards for those enumerated purposes. (37) The requirement that an Administrative Adjustment accomplish the objective to "Coordinate development with adjacent land uses and the physical features" does not apply here. Mr. Huit's addition was not constructed to coordinate with any adjacent uses or physical features. His addition is unique to his lot and is not similar, complementary or otherwise related to any uses or physical features on any other property in any way. (38) The requirement that an Administrative Adjustment accomplish the objective to "Permit flexibility in the design and placement of structures and other site improvements" cannot alone justify the requested adjustment. In the broad sense, allowing exceptions to height, lot coverage, setback and other standards does permit flexibility in the design and placement of structures and other site improvements. But an Administrative Adjustment cannot be utilized to permit flexibility in the design and placement of structures and other site improvements unless the first two criteria already discussed are satisfied. They are not satisfied here due to the encroachment upon a utility easement that would be allowed by the adjustment contrary to the purpose of Title 15 and due to the extent of the adjustment requested which is not consistent with the intent and the purpose of the rear setback standard in residential districts. CONCLUSF S NS Based on the foregoing Findings, the Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction under Section 15.16.030 of the YMC to affirm or reverse, in whole or in part, or modify an order, requirement, decision or determination that has been appealed, and to that end shall have all the powers of the • officer from whom the appeal is taken. (2) The Appellant's requested Administrative Adjustment does not satisfy the Howard Huit: Appeal of Denial of 11 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX RECEIVED APR 2 3 2009 CITY OF YAhIMM h PLAN1'!!N0 DID /. necessary criteria for approval set forth in Section 15.10.020 of the YMC because it is not consistent with the purpose of at least one specific provision of Title 15 requiring permission to encroach upon utility easements and because it is not consistent with the intent and purpose of the rear yard setback standard in a residential district. (3) This decision shall be final and conclusive on all parties unless appealed to the Yakima City Council in the manner required by Section 15.16.040 of the YMC. II' ECISION Based upon the foregoing Findings and Conclusions, the decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, denying the Appellant's application for an Administrative Adjustment of the rear yard setback standard in the Multi - Family Residential (R -3) zoning district is AFFIRMED and the Appellant's appeal therefrom is ENIE er. DATED this 23 day of April, 2009. /act-F-1 . Gary M. Cui Tier, tearing Examiner Howard Huit: Appeal of Denial of 12 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC INDEX # 136 RECEIVED MAR J 2 2000 ;i I Y OF Y l►;ii j City of Ya i * ma, Washington PLANNING 0!1!'. Hearing Examiner's Interi li ecision March 12, 2009 In the Matter of ail Appeal of a Denial ) Of an Ad lIEII inistirative Adjus j 1111! ent ) Sub 11'I; itted by: ) Appeal #3 -08 ) ADM Al J #29 -08 Howard i , ; Ilt ) ) To Adjust the 15 -Foot Rear Yard ) Setback Sta'1 dard in t +11 a '': -3 Zo ring ) istrict to 4 Feet in order to Allow ) An Addition to an Existiig Mobile ) • Ho !1I' a at 1004 North 34 Ave IIl ! 1 e, #7 ) Introduction. The Hearing Examiner convened an open record public hearing on January 22, 2009, which was continued on the record at the Appellant's request first to February 11, 2009, and again to February 26, 2009. The evidence presented at the hearing on February 26, 2009, may be summarized as follows: (1) The staff report presented by Associate Planner Vaughn McBride recommended affirming the Findings and Final Decision of Zoning Administrator Bruce Benson dated October 22, 2008. That decision denied Appellant's application for an Administrative Adjustment of the 15 -foot rear setback standard in the R -3 zone to 4 feet so as to allow a kitchen addition in the rear yard of Appellant's mobile home. (2) The Appellant's attorney, Philip Lamb, testified as to the reasons why the denial of the Administrative Adjustment should be overturned as explained in his Interim Decision: Howard Huit 1 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC INDEX EMAh J 2 2003 CITY OF YAM PLANNING DItibl Memorandum in the record dated February 25, 2009, and called Sandy Cox, a Plans Examiner for the City of Yakima Code Administration Division, to verify the accuracy of the statements in his Memorandum. (3) Yakima City Attorney Jeff Cutter testified as to related issues and as to why the Administrative Adjustment application should be denied on its own merits under the criteria for an Administrative Adjustment because it is not consistent with the City's zoning ordinance. (4) A resident in Appellant's mobile home park, Wayne Funkhouser, testified in accordance with his two letters in the record that the Appellant's application should be denied because it would be unfair to residents who follow the rules to reward the Appellant for his flagrant disregard of them. (5) This interim decision has been issued within ten business days of the February 26, 2009, public hearing. Interim ) ecision. The Examiner requests additional information from Mr. Cutter and/or Mr. McBride for the City Planning Division and Mr. Lamb for the Appellant before issuance of a decision regarding this Appeal for the following reasons: (1) The Zoning Administrator's decision dated October 22, 2008, contains the following conclusions: "6. Location of addition is contrary to the provisions of UAZO Chapter 15.05 which prohibits the building or location on or in an easement without written permission from City of Yakima." "12. City Engineering Division does not encourage building in any ease- ment and will not grant a variation for building in an easement." (2) Mr. Lamb stated at the hearing that he does not think that the Examiner necessarily has jurisdiction to consider the presence or absence of permission to encroach . on utility easements because if it were a Class (1) use, it would be dealt with by the City's Code Administration Division. He also suggested conditioning the Administrative Adjustment on obtaining the requisite permission from utilities. Interim Decision: Howard Huit 2 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 • APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX gg- MAR 122000 CITY OF YAKk PLANNING DIV. (3) Upon reflection, the Examiner would agree with Mr. Lamb's position if this matter only required Class (1) review. However, because the matter must also come before the Zoning Administrator and now the Hearing Examiner to determine whether the criteria for an Administrative Adjustment have been satisfied, the Zoning Administrator or Hearing Examiner must be able to find that the encroachment has been permitted by potential users of the easement. Section 15.10.020 of the Urban Area Zoning Ordinance (UAZO) states that "A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title." (4) The Appellant is grandfathered or vested to Subsection 15.05.020(D) of the UAZO which states that "No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee." While vacation is only required for access easements, the clear purpose of the UAZO is to require that written permission from all potential users of utility easements must be obtained before encroachments can be allowed on the easements. The City of Yakima is one of the potential users of this utility easement. (5) If the City's permission has not been granted and if approval of an Administrative Adjustment were to be conditioned as Mr. Lamb suggests, the Examiner would be inclined to allow at most two weeks for that permission to be obtained from the City Engineering Division. That is an internal decision that could quickly be made unless it is still true that the "City Engineering Division does not encourage building in any easement and will not grant a variation for building in an easement." If that Conclusion No. 12 in the Zoning Administrator's decision is still the case, the Examiner will not be able to fmd that the condition precedent to granting an Administrative Adjustment, consistency with the purpose of the zoning ordinance, is satisfied. For that reason alone, the Examiner will be inclined to affirm the Zoning Administrator's decision without further analysis of the additional criteria. (6) If the City Engineering Division has changed its position, then it is necessary to also know what other utilities need to grant permission and if any more time should be granted for that purpose. (7) If the previous two requirements for a fmding of consistency with the zoning ordinance can be satisfied, the Examiner would proceed to a consideration of the other requirements for an Administrative Adjustment. Rectifying a Code violation is not listed as one of the grounds for approving an Administrative Adjustment. Compatibility with Interim Decision: Howard Huit 3 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC INDEX RECEIVED MAR l 2 2009 CITY OF YAiiICvv., PLANNING DIV. the neighborhood is a criteria for consideration of Class (2) and Class (3) uses. Here an Administrative Adjustment would require an affirmative showing that the adjustment would be consistent with the intent and purpose of the standard and that either Subsection 15.10.020(3) or (4) of the UAZO applies. The Zoning Administrator's decision, Mr. McBride's staff report and Mr. Lamb's Memorandum only state general conclusions. Specific reasons why they are not satisfied or are satisfied here would be of assistance to the Examiner in addressing those final criteria for granting an Administrative Adjustment if the permission from all potential utility users is forthcoming. • (8) The Examiner requests that Mr. Cutter and/or Mr. McBride for the City Planning Division and Mr. Lamb for the Appellant submit a letter to the Examiner within ten business days after this decision, unless more time is needed, stating the respective position of each on the following questions: (a) Has the City Engineering Division changed its position as to granting permission for Appellant's encroachment on the utility easement since the Zoning Administrator's decision was issued? (b) If so, has permission been given or will it soon be given? (c) If the City's permission has been given or will soon be given, what other utilities need to give their permission and how long would this matter have to be continued to allow the requirements of Subsection 15.05.020(D) of the UAZO to be satisfied? (d) If the requisite permission from all potential utilities needed to satisfy the purpose of Subsection 15.05.020(D) can be obtained within specific reasonable timeframes set forth in answer to the preceding questions, what specific reasons are there for concluding that the intent and purpose of the rear setback requirement are here either lacking or satisfied? (e) If the requisite permission from all potential utilities needed to satisfy the purpose of Subsection 15.05.020(D) can be obtained within specific reasonable timeframes set forth in answer to the preceding questions, what specific reasons are there for concluding that the coordination and flexibility criteria in Subsections 15.10.020(3) and (4) are either lacking or satisfied? Interim Decision: Howard Huit 4 Rear Yard Setback Adjustment 1004 North 34` Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC INDEX , -wirzLear vim) MAR 1 2 2009 CITY OF Yiei Ug., P ANNINP DIV (9) Within ten more business days after the deadline for submittal of the first letters, Mr. Cutter and/or Mr. McBride and Mr. Lamb may, if they wish, submit a second letter to the Examiner addressing points in the other person's letter. (10) Copies of the letters need to be provided to the other person when they are provided to the Examiner. (11) The Examiner will issue his final decision in this matter within ten business days after the time to submit the second letter has passed unless there is still ambiguity in the record on these issues that requires clarification by reopening the hearing. (12) Since the original action on this matter was on November 17, 2004, this additional time needed to clarify the record before issuance of a final decision will constitute a comparatively short delay. I ATE' this 12 day of March, 2009. b•.0. Gary M. Cufllier, 3: earhng Examiner Interim Decision: Howard Huit 5 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX HOWARD HUIT APP #003 -09, APP #003 -08, ADJ #029 -08 EXHIBIT LIST CHAPTER A Staff Report tea- Z r R I Y `, � ` } ' � ""�� E ` m ''*� & 4: r�4,.. ,£ . K J zn'�"+''R ` ` "{�;.�' i 3r d 4,414,1400;001:0504V ' Vik y 6 M u 1 4t � , -Maikq X #� `4�' ti,t �� c OF Wr to �� ,a:s.. '��. >�v��.... �� .? r �.x ll,r:z.,.,r.��.,. s,F��.... x:tal,eM„x ✓ r .NEa A -1 Staff Report: Appeal Hearing Examiner's Decision 01/22/2009 • • • • • City of Yakima, Washington Department of Community & Economic Development Planning Division January 22, 2009 Appeal of the denial of an Administrative ) Appeal #3 -08 Administrative Adjustment requesting a ) Staff Contact Decreased allowable rear yard setback ) • Vaughn Mc':,ride Standard in the R -3 zoning district on ) Associate Planner Property located at 1004 N. 34 Avenue #7 ) (509) 576 -6315 SUMMARY OF RECOMIVIENDATION: Staff recommends denial of the appeal. From the view of the site, the matters contained in the application, and a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, staff makes the following: FINDINGS APPELLANT: Howard Huit; 1004 N. 34 Avenue #7; Yakima, WA 98902; and, Phil Lamb; PO Box 4; Yakima WA, 98907 PROPERTY OWNER: Howard Huit; 1004 N. 34 Avenue #7; Yakima, WA 98902 LOCATION: 1004 N. 34 Avenue #7 APPLICATION: Appeal of Administrative Adjustment denial ADM ADJ #29 -08 PARCEL NO: 181315 -14442 HEARING EXAMINER AUTHORITY In accordance with Yakima Municipal Code § 15.16.030, the Hearing Examiner may affirm or reverse, wholly or in part, or modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. Except as otherwise provided, all appeal decisions by the Hearing Examiner shall be final and conclusive on all parties unless appealed to the legislative body under YMC § 15.16.040. APPEAL OF DECISIONS by the BUILDING OFFICIAL and ADMINISTRATIVE OFFICIAL All appeals shall be in writing on forms provided by the Planning Department and shall be accompanied by the required fees. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the UAZO Appeal #3 -08, Howard Huir DOC 1004 N. 34" Avenue, Yakima INDEX provisions of the Yakima Urban Area Comprehensive Plan, Yakima Municipal Code Chapter 15.16, or other provisions of law. The applicant (Mr. Huit) has appealed the Administrative Official's decision of denial on the following: 1) Utility providers have consented to (the) use of easement. Their consent was obtained pursuant to a plan reviewed and approved by city staff to resolve all code compliance issues. 2) My attorney, Phillip A. Lamb will supplement this statement and represent me at the hearings. CURRENT ZONING AND USE The subject property is zoned R -3, Multi- Family Residential and contains a single- family manufactured home and detached garage. Adjacent properties have the following characteristics: Zoning Land Use _.. _ North R -3 Residential /Multi - Family Complex South R -3 Residential /Manufactured Home East R -3 Residential /Manufactured Home West R -3 Residential /Manufactured Home BACKGROUND 1. On August 25, 2008, the City of Yakima Department of Community and Economic Development received a Land Use application to administratively adjust the rear yard setback standard for property located in the R -3, Multi- Family Residential zoning district at 1004 N. 34 Avenue #7. 2. Current setback standards in the R -3 zoning district require a 15 -foot setback from the rear property line. This is the minimum setback criteria that must be met to assure land use compatibility and promote the public health safety and welfare (Table 5 -1). 3. The applicant requested a 73 %, 11 -foot reduction of the rear yard setback standard for the Multi- Family Residential zoning district, as shown in Table 5 -1 to allow for a 4 -foot rear yard setback. 4. The requested reduction of the setback standard is to accommodate an existing 352 square foot kitchen addition to the manufactured home residence, and in response to numerous notices of violation as issued by City Code Compliance regarding the construction of the kitchen addition without proper review and permitting; and the location of the kitchen • addition within a 10 -foot wide public utility easement located along the north boundary line of the subject property. 5. YMC 15.05.020(D) states "No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee ". UAZO Appeal #3 -08, 2 DOC Howard HIM �� ®E� (004 N. 34" Avenue, Yakima A -1 • • 6. The use of public utility easements by private property owners is not authorized. 7. The applicant submitted written statements from utility providers stating that they have not used nor do they intend to use the existing utility easement. 8. The City of Yakima has received no application to vacate the public utility easement at this location. Such an application would require concurrence of the utility grantee. 9. A Notice of Noncompliance was initially issued by the Code Administration & Planning Manager on November 17, 2004. Subsequent noticing was done June 1, 2006, November 28, 2007 (letter-from City Attorney Jeff Cutter). • 10. The subject property was inspected by Code Compliance staff on May 16, 2008 and June 25, 2008 with noted violations not yet resolved. 11. The property owner was ordered to remove the kitchen addition to the manufactured home on or before August 6, 2008. • 12. The location of the kitchen addition, as it exists, is contrary to the provisions of UAZO Chapter 15.05 which prohibits the building or location on or in an easement without written - permission•from City of Yakima. • • 13. A Notice of Application was sent to the applicant and adjoining property owners on September 19, 2008. • 14. One public comment was received from an adjacent property owner in opposition to the requested administrative adjustment. 15. A Notice of Decision of denial was issued on October 22, 2008 with an appeal period ending date of November 11, 2008. 16. This appeal was filed (October 31, 2008), within the 14 -day appeal period, however, the appropriate fee was not received until January 2, 2009. URBAN AREA ZONING ORDINANCE The section of the Yakima Urban Area Zoning Ordinance which is being appealed is the requirement set forth in YMC § 15.05.020(D) which states "The standard setback in each district is shown in Table 5 -1 "; and "No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee ". Structure Setbacks Structure setbacks are the minimum structure setbacks permitted in a particular zoning district with Class (1) review. In residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. The standard structure setback for rear yards in R -3 zoning districts is 15 feet from the rear property line. • UAZO Appeal #3 -08. 3 DOC. Horna,d Hui( INDEX 1004 N. 34" Avenue, Yakima Ntl GIB The applicant is requesting a 73% decrease in the rear yard setback standard for the R -3, Multi - Family Residential zoning district. The requested adjustment would result in a 4-foot rear yard setback. Setbacks along easements and rights -of -way are intended to minimize the impacts from traffic on adjoining property owners. No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee (UAZO, Chapter 15.05.020 (D). A 10 foot wide public utility easement is located along .the north property line, which was established by the plat of Chesterly Park Addition, recorded August 31, 1983. The applicant has: submitted written statements from utility providers stating that they have not • used nor do they intend to use the existing utility easement. However, the City of Yakima has no application to vacate the public utility easement at this location; nor has any utility provider submitted an application,for the vacation of the easement. Subsequently, use of the easement by private property owners is not authorized. The existing addition encroaches upon an established public utility easement, contrary to the provisions of Chapter 15.05 YMC. Also, the existing addition was constructed without proper permitting, contrary to the provisions of Chapter 15.12.020, Required Permits, which states that no construction may be undertaken, in whole or in part, without the issuance of a development permit by the building official. Administrative Adjustment of Standards In accordance with YMC § 15.10.020 a particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and /or reduction is consistent with the purpose of this title, the intent and purpose of the standard, and will accomplish one or more of the following objectives: 1. Allow buildings to be sited in a manner that maximizes solar access; (The kitchen addition is not sited in a manner that maximizes solar access) 2. Allow zero lot line or common wall construction in conformance with the provisions of this title; • (Not applicable to this development request) 3. Coordinate development with adjacent land uses and the physical features of this title; (All adjacent land uses are Class (1) land uses within the R -3, Multi- Family Residential zoning district) 4. Pen flexibility in the design and placement of structures and other site improvements; (Requested rear yard setback is not consistent with the design and placement of structures on adjacent properties for the placement of residential dwellings) • UAZO Appeal #3 -08, 4 DOC. Howard Hull INDEX 1004 N. 34 Avenue, Yakima !V fi 1 A- • • 5. Allow development consistent with a specific sub -area plan adopted by either the city or the county. (Not applicable to this development request) Administrative adjustments of development standards shall be processed under the provisions for modifications as contained in Section 15.17.050 of this title for Class (1) and Class (2) uses, and under Class (3) review for Class (3) uses, except for development within or adjacent to residential zoning districts. The applicant 's request to allow for an 11 foot deviation of the rear yard setback standard for the R -3 zoning district does not meet the above stated criteria nor the intent and purpose of YMC § 15.05.020(D) that minimum criteria must be met t0 assure land use compatibility and promote the public safety and health, whereas in residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. YAKIMA URBAN AREA COMPREHENSIVE PLAN The 1997 Yakima Urban Area Comprehensive Plan (YUACP) designation for the subject • property is High Density Residential (Map I11 -3, Future • Land Use). The High Density Residential designation primarily allows for apartments and densely developed planned residential developments ranging from 12 and above dwelling units per acre. A limited range of other land uses may be permitted, such as some professional offices and community services. The proposed site design is not supported by Comprehensive Future Land Use goals and policies. PUBLIC NOTICE AND REVIEW • Public notification of the appeal was provided in the following manner: Posting of Property Posted no affidavit yet returned Notice of appeal mailed to adjoining property December 4, 2008 Owners and legal ad published in paper January 1, 2009 One comment via phone was received in opposition to this appeal. CONCLUSIONS From the foregoing Findings, staff makes the following conclusions: 1. The Hearing Examiner has jurisdiction. 2. Based on YMC § 15.05, Table 5 -1, and § 15.05.020(D), the requirement should be upheld to deny the requested adjustment of the rear yard setback area in the R -3, Multi- Family Residential zoning district to allow for a rear yard setback of 4 feet. RECOMMENDATION The Planning Division recommends denial of the appeal and compliance with the Urban Area Zoning Ordinance Chapter 15.05, Site Design & Improvement Standards. UAZO Appeal #3 -08. 5 DOC. Horvar•d Hair INDEX 1004 N. 34" Avenue. Yakima INDEX # A_� • HOWARD HUIT APP #003 -09, APP #003 -08, Al)J #029 -08 EXHIBIT LIST CHAPTER B maps ai „.o .�.�� , � fib. � .�.,s,� �..� _. . . B-1 Maps V Mailing, Aerial, Zoning 11/03/2008 • 1;I 1 . 1 f ' ' ' . ' a ' ' ' . 7 i \ ' ' ' ' ' : \ l ' . 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'• ..j I ::'' ,r. a -,• - " - ' "" 4 ''' - ' • , m.-9P, .. . „,.../- ' - -fie - L. - •3/4•- e- : - , . -._:. ' ' , ..- _:... , •'- O.: - .. . ' 7-- . , . 4 'ese :. ,. — ,. • ..% r . - 1-:<- 1 w '- V .«. ' is.....4.•...4 - '''' •-" .i1.4•A ,, . , 44 .. l 4.'' . * ' :;,. . ''' -.- 1 na::..44 ■ T ' 01 %Z.:. ' . • 11 . ; , - -4 - 1-N ,., CITY OF YAKIMA, WASHINGTON Scale - I in = 400ft Information Services - GIS 0 200 400 s FILE NO: Appeal#3-08 Al Subject Property APPLICANT: Howard Huit OC• REQUEST: Appeal decision for UAZO ADM ADJ#29_4 - Yakima City Limits I LOCATION: 1004 North 34th Ave #7 1 huit3 11/03/08 Appealfs -UM CURRENT ZOO Howard L2 ult I I SR Suburban Residential Appeal decision for UAZO ADM ADJ #29 -08. R -1 Single - Family Residential R -2 Two-Family Residential v� N R-3 Multi family Residential B -1 Professional Business 1004 North 34th Ave #7 - B -2 Local Business FIB Historical Business c /N ♦ • Subject Property 1 SCC Small Convenience Center \ LCC Large Convenience Center - City Limits CBD Central Business District ll GC General Commercial I M -1 Light Industrial I AS Airport Support U U RIVER RD RIVER ROAD 2 i7 p 1, 2 I O �L D to 0 O N • W A O a J 2 • Castlevale Ave CasUevale Rd o l Yo� Scale -lin = 400ft A City of Yak Wash , e 0 200 400 DEX rf r " • huit3 November 03 2008 (3 _ j o,,,; e 10 Current -- \ �; Yakima Zoning . o — -- Water & Sewer 1100 10 z N z - 1022 ca r Light Industrial D CURRENT ZONING ( N Water Lines 3606 SR Suburban Residential I -- - -I D R-1 Single - Family Residential rl N Sewer Lines I sr t t 1014 R-2 Two - Family Residential O % / Irrigation Main Q 101 ■ R 3 Multifamily Residential 0 0 0 0 Z b B P ro fessional Business ! I ! ` O 0 . 7 - 0 - 0 ---- 1 NI B 2 Local Business . II - . 1n I-B Historical Business 4 . 0 0 SCC Small Convenience Center � R_ n n R_ n. 11 LCC Large Convenience Center 4 . 0 0 1 • . 0 0 M I CBD Central Business District 1' �_' 1 0 •Mil c GC General Commercial s Q CO 0 • — -- -- 12- 3601 .�� 1 1 5 - M-1 3505 3505 3501 3407 3405 3403 3401 • • 0 0 El AS Airport Support r 3507 w RD Regional Development N �'��" 0 8 0 0 LJJ 3502 4 3402 > - Subject Site FILE NO: App. I#3-Od 3601 a — — 3 uo — 3409 " \ 1 Q Q APPLICANT: Howard Huit W I \ l Future J r4 , ' if ; t- -_ ' e Digital �` �' ' - ter • r ri ' . ., Land Use $ :.- r oto 1� 4.- r f O thoph c w , } a • , - r M osaic of Digital 0° h j ''' Orth 7" 1 flo 08/ 01/2002 , .. 7e,. : - ,4151. .' 4 , ..,.: ,, , :„.,.. i. '' al: ,, D Sub Property . GT: FUTURE LAND USE . a" r ' ! ? d + o i _ l� Y rt umm illi i i. . ' _ ..._, Low Density Residential -- ` • + . ,� ^ !a. ; t rrl i .� Medium Density Residential p - -Y" - a i i r II �r i .► i il High Density Residential r °•-• • r-. ` • Y r ' tics ;.,t w. ,_. ' Professional Office i r ,r _ - .� ; t r i f t II I Neighborhood Commercial ' 1 '+M ' ,, t r rr r � kn oaaTtfl �g r t'.. d A .!4 r. , p. . •_ t t II Large Convenience Center ` "At."'" . l -• I • '' + III r..... . - .,-. : - Arterial Commercial < `' ; t" 1 ?"- 1 � A � t I . I. CBD Core Commercial - .. y y CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND Industrial g' t • • • �. r ` , ) ECONOMIC DEVELOPEMENT . II Regional Commercial L ! _ x yr �. 129 North Second Street . Urban Reserve I ` , Air � S ,y Yakima, Washington 98901 - .. --. 1 " Subject Site +� Phone: (509)575 -6113 > 1 Fax (509)575 -6105 t1 as - I t t > Z All maps shown at 1" = 200ft A S I! f , a � , ; 1 .. r a i - � w Q One page Atlas: huit3 Created: November 03, 2008 I�[ ®WAIF I�IUIT APP #003 -09, APP #003. -08, AI)� #029 -08 EXI�I�IT LIST C�IAPTEIZ C Site Pla ;�� '�� ,�'a ' � ` ��E'� �" � � y , � r.� z r .�'�«.`f �'�' �^w�,��`'�'"�'r s'Yr ` n � � �F�`�S �� z�, �� D�C� � �� - � , I)OCUI'��lei'� �� -� �� I9A7CE �'��•� Y ,� - �� ' 3'E+. k fo-fi'k�CV +�J^' a'P� .i . .. �Y xc`}t�if syYal' b,M ,..E: � 'Si .� � ..:"- Ah�^``f �. Fs. ai.t$� � K3 , W w�,L.54 .. ,u 1.., ..1* S5 f C , � � �� i i � tfi� 4 � �%.v �..�' st;S � o... _1�.2a "TY.� ..:r^ � �Ad� nth _i C -1 Sate Plan 08/25/2008 /' � Choc'ttr Ca,blc �in .�ManTel2�hone.t3o� _``---- - - -` -- ioas.esMr i t1Q �:�ne. � 0.�uMeker^ •. ,. �a� _ _ .... __ 93.0 Pro , l.�no j � r �� - -- ^ --- - � --- ---- �' - - - --r ,, � `� i � - - ��o M � � � s5.5o' v ,� smWer trn�. �{� ,� � � — ��, � -� � � i z9• ��. � � .._.._ -. ..... � - - - I - -' -f �� .._.. . _ _ .. _ v �� - - -. _ ..._. 7 6'� I �7 75. l s'�' ^ S �W PI ®-� Plan �, 0 � � `_ Y Howal�cll -luit io o � N. 3'�`- "Aye.. # � Pw No X813 5- I� +'�4z G�r cr 37`��j f +, P�.t�o,�r�JeWcti� `' ,ft '''7al�,. 12 �F 9 2� fl, To +e�� Hof �; Ze, � i � �. syZ �y,�t i°�o� ' C�ovee �8,� -+ _ , � C�� --- _. r,,:.i I�: H ®W� �[ITI'I' API' #003 -09, APB #0 ®3 -0�, �J #029 -0� EX�II�I'�' I�IS� CI�PT�IZ D DST e��w �� D ®C :�� .-� k D ®CgJl 1�� ..� �. � � ,� �, �� DAVE € '� 11 \ ��,�� e�` �`. � ,� p.�,u �ti...,�'� �'��'�.,''��. � � " �`,��? �� .�� Sa `x§ � ,�� "s��" ,�,� r „�k T,;. .'<..„u`._�,...s >'��,�.a�a+.� 1 �� a s.�+2 v_��±�: ., "� ac ��"Frs '°'tang ''k'�'�,v, a -:.. ��'�'�` �- �rr"' "�.� "" �"` �. � ° w `L> �r tY _ _. _ �_. D -1 DS'Y' Request for Comments 09/05/2008 I) -2 DS'� fl)istrib�ataon List 09/05/2008 1) -3 Comanent Letter from fl)ave 1l�Iyiare, Ciaarter Communications 09/08/2008 (fax} tD -4 �'Il�oto taken lby Royale Schneieier, Cocie Administration 09/10/2008 . . : , . . '"• . • . 7 • • s 4 ` le f - • ..:t. .1... : .. "., . .,.. .• • . ,.. ..L.,.. . .••• . f , T' . .:: s ....i . 1:7 ‘• . tik5 , - --. ,;.-,-*i, • .:. , ...'•:4. ‘. .., -. _..., . .., t i , i •-•. ,,, ., ..: ...,... • 1 '''0. ;,:. ' - l•ii . i - ' , _,_ .. : 1 1. ... , ... ..., "-- ! .,•.^...- . 6 L .4"..." ..•*?..../7" '''...-.. 1 • . .. , ..• z _ .- --- .. c 1004 N. 34th Ave'.'07. Taken 9/10/08 by RS. INDEX I D- -��;, � � 17Fy � tl Utlm�� lY �� . F� i +y lM � SEP 0 0 2008 �: � � � ��,_�: �.r,� �� , �= CITY OF YAK9M� �.� C� � ��, lD1��C� ®H� � �� LA��II�G DID. � "' � �11RED VdpRID COflA�AiYV r��' x .1 h�. :� d �y' � Gf/� ` K� *�, T ®a D \'� � C �ro� Charter Communicatwns ] Yakkiina Washington Tri -State Group D ®�a IG�® � -3 T 'd E98ISGS60S .�a�.�eyo d6b =ZT 80 BO daS �� -� S E P 0 � 2008 _ 9 �-� �a� �Hs`� � PLAI�NIN� � �.�.�r�, >�er >r...... September >l�', 20071 This letter is a follow up to the formation requested regazding the address of 1004 North 34�' Ave space # 7. Charter Communications has a dist�ibufion line behind the property listed above. The conduit that we placed for our lone is approx. 53 inches from the fence. It actually is in - the asphalt of the property to the 1liorth of 1004 North 34`� Ave space # 7 Thank you. . Dave Myhre Charter Communications 1005 N. 16�' Ave Yakima, Wa 9902 509 -494 -7711 ® ®�o INDEX i Z'd E9BISGS60S �a��ey� dg�:Zt BO BO daS D�'�' D�s��g ®3 = Y��t Applicant: HOWARD HUIT ]File Number: UAZO ADM ADT #29 -08 Date of DST Meeting: September 17, 2008 " ` Assigned Planner Vaughn McBride, Associate PTaruler Ci of Yakima Divisions and Yakima Coun Public Services � �a .�.__� "` ''' �� e..�" � A'^"'��.,.� '�.,�:�:�, �' ,F'". o- ' fit "��:,£� a, w �,, ,�3'� ",F' �',�'" " �i - � �' `' ,�.°{�.�, Y`� ,�`�i. � �C � '� - : � r, �z, y g, �.. yip � '; ;� Codes � Joe Caruso �� Traffic En tneerm Joan Davenport �,.,� :° �s � 5 ; ,�;w. a, � ++2,� , *� �� `�.+ � ,�� n. .... 4 � "".R` x. s �'..�'r _ .�-;, - . "� 4' "� s' aF Codes Carolyn Belles �`� Parks and Recreation � Deruse Nichols m�a�� :', �_.- �� $'yi.: � � � 3 k`!':' ;'�z.� x _, '�fi�... N '}�w. 'gig, .:,, �"�? ' '. x .. �a. � . :� .�s �',_,, � � *. ." � �� .,5 ` ,� ��" '� r v��'�" � }•�'E�lr� ��., err, b -. -. "' Engmeerin� Make Antaluni ��• •�" Transit Gary Pira �'"��"� �' *� r�, � s,�` � � � � CAF � � �' a � ��' �` r ` `�" �i� � d�. ':CIr a � °�n a a e � ��rr�t� ,�s„�.�� r � �* `" +�s� ?'P �a �, Stormwater Engineer Randy Meloy r �� Police Department Greg Copeland °"°s ��"` , .'`*.ti_.�... ��. .. .. sm _' �1 �_`_V_ - ,�3 '�`'� w��c. ..� . ,�� . _ ' Wastewater Wastewater ` -sue`' Yakuna Coun Public Svcs Vern Redifer N l 1< :Fire Department Ron Melcher �,�?2` ®ther A • encies 4 l��! £iGG.';I� E.. - 4 {3�� ,z`�a E�'� af - �.:k7�.&� �'��i a . . 6 :,. �t�•, ±,� -n ( '*v a_[�p[��j(��. .vwt�. - .� 4 d. no .. .. , .- � �. .. 3. ,. .. 3.. ,_ Y i _ J.. _ _ ! �$7R'�+7[I+T.wti:.. r .._... � � �" _ 24 � Committee Mana • er - CDY a Sean Hawkins P.O. Box 881, Yakima 98901 :: , *� _'.e - -.•.�J 4�'�S � Wit_ � a. � .. § � :. t .. � �4 �Mr ° i3hi9 � , ! "'i'� �4 ' 4 _ �a s d §�a j Y .�lar ° .�° 8 0 �"� �?6y NoU Hill Water Preston Sleepherd 6111 Tieton Drive, Yakima 98908 r; � � .. � _ _ . .'.�x� � � - !� � �,. G. .. �. '� � � ,gin... . -, � �� 'k iY. ! d .. 0 { '��h E� Rr � r�h ". 28 WA State Department of Ecolo; Gwen Clear 15 W Yakima Ave Ste #Z00, Yakima 98902 - `, o` Q ac � `�� .� n e � �,p'� � p - ref �Y3 + .t a s � e ? $ e $ ; � ;�y ._t ,J..,+ � °�� -- ' � k .. ,' 5 30 Pacific Power and Li ht Co Mike Paulson 500 N Ke s Rd Yakima Ol .� v , A � __ � =^ ��. r�ue<a; • " �.� _.': �' .. _��"p'! '�a� � 3 .. _ � A�V��il cZ_klllc'!9$g�2� '�: " ,�.- �: 32 Cascade Natural. Gas Co. Sheila Ross 701 South 1st Ave, Yakima 98902 . _ _ � Y W R l Si � a �'� iA�� e, �r.. s a a� �6}�!"e�, } ^� � , ' �°� -��s. „�' � � _. � � • 'e :r � f. (� A q .ai,. 35 West Valle School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 .. '' ��, a, a'a!_ ._. .:'�t :.. :� �` '=°�.. :�,s�d 5.a _ �' _. ` . ? a',t ��tx+" }�:� aaaet�.' 9� y 37 Coun Clean Air Authori Gary Pruitt 6 South 2nd Street Rm1016, Yakima 98901 . ' .� :_;� ' d 6� ..� ..- .,,.,ssae' •.+,��. = >.,c,- �...w�r.�- tea` as' � � ` e� .',__$ ._ .'�� .:�� !^`�',�'��, f �.,�- ;�r.��.�a. � -_ter.. ±- � ..: .�.ai.'.�'.� "°�ti :. ,.sL`,P � s 39 Yakima Greenwa Foundation Al Brown _ 111 South 18th Street, Yakitma 98901 �� -r .:;�`�� ".��m.�`'� ,r �- ,�'�..'� :�°'i� °� .��. ��n'R� � ° �@6�n 41 Yakima Coun .911 - Wa e Wantland Y_PD -- ,�. ,- t�', :i� 14 ' ,l�.`L �6�� ,"� �y �` d � �'��: �',e'fi �. �' tx�''ti 'r -+p,�a, " �q,� �: �., �� -- - "�..,�a fig:_ - . '° _� .. _ r.� <� _:.; ` „s..a vE'�:..�. ,��-.:�- ,..a -' .i: ;,d? r. a 4 vie � '� • ;C +,^c �° ' 43 De •artment of Wildlife 1701 South 24� Ave, Yakima 9 - ,� Y �. r a;::. .�'� -s _ 'x � �= _ _,� � , - a�: qtr ' � O g•� +i 7:9g ..:: a a � ��' il 'Y ., � a_::i - � qd 1 n +�s '• �1�t.' tti� r ... *..��°.� .. .� ., . 45 WSDOT (De • t of Trans • ortation) Salah Al- Tamimi . 2809 Rudkin Rd, Union Gap 98903 ',vim_ ,..a�_c -.� t_n.�s.i a • r� . 7 f o �* m n _ ate. .� -�, .�r, i.. >.. �'�- 4 '� '�, �� A.. 47 Yakama Indian Nation Bili Beckley P.O. Box 151, To .. enish 98948 �. "ar_;.��,s -: �_=' .�� < c_ • , �t�?�.� . _ �a ;.e .w« � _� @�� , .,.,�,.*�, r em , is . a ` - ". . vt! !� �.{ 49 Trolle s Paul Edmondson 313 North Std Street, Yakima 98901 � 9 r ° �M�.a, " �� , � s . �� '. +. ,.� f � i"` � �,*�� - '� B ,}b'l.�, ` �?kfi?" � ..�• � � , r a . � �`� �. 'f:�.� a� � . � • �• �' '�' ' �$^ 51 WSDOT, Aviation Division John Shambaugh 3704172nd St NE Ste #K -2, Arlington WA 98773 �� a €� a��ot' ! c - a e �A .. `� r � � �- •, } �r j`� ;' ;;-!� ., at� '� #." �..� • �sw�.T�. _.�.�� ` .: ..� ='"� .;.`ate, � "� a, � 7 � .�Ss�. �:_�x�,a��., �t� �'_ °� Z .., f ,'x?r,v, 53 Ahtanum Irrigation District Beth Ann Brulotte PO Box 563, Yakima, WA. 98907 DOC. Updated as oc2�22�t)g INDEX CaDocuments and Settings\ribarra \Deskiop\I-Iuit DST Packets Distribution List.doc Q -- CITY OF YAKIMA RE(�UEST FOR COMMENTS DEVELOP9VIEfVT SERVICES TEAM MEET9NG OF September 17, 2008 TO: City of Yakima Development Services Team FR011�: Vaughn McBride, Associate Planner DATE: September 5, 2008 SUBJECT: Preliminary Review For: UAZO ADM ADJ #29 -08 PROPOSAL: Adjust rear yard setback standard in R -3 zoning district LOCATION: 1004 N. 34 Avenue #7 PARCEL NUMBERS: 181315 -14442 Please review the attached materials and prepare any written comments _you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held September 17, 2008 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the' meeting. My a -mail address is vmcbride @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at. (509) 576 -6315. COMMENTS: Contact Department /Agency ®A ��P 1�0\ J HOWARD HLTIT APP #003 -09, APP #003 -0�, ADJ #029 -0� EXHIBIT IJIST CHAPTER E Appl�ara�i ®�� '�.s ��!'� T* � § �S. s a �.�a��mx, � . -i �� _�„- � G �3:,.`' s �(''� y � A - '��,�- 1 °�z;��t`* s i",R e'� �' x,�t�`� s`'{y- 3 "�;r 7�s �` y� t � `T ': �") s.�l.� �.�. SJ ��- f� _,ate, a��'�,'r � -a te" �, .. }`.� � ®o.i�9i 17�� aY'��Srn,� r� ��a"'s,. ' u � s �'�!E9A��'C�' �.€s 'sue ° `�tK �' .,��£� ,��sr S� �'�� `�" �t� .�'�` Via' '� �°��'�' - �� „ �. fl� �k. �`�. „' '' ; . "�c� '� z i�r �Y $ a te. �' hs� ,�, r ' #�,� �, h �� ei,*`� .�` "!fit ,a.�„ � �, �r �R �'""�. � '� .,�"^��f�.,. a ��r ,,,,h,�`"- �. �, i � `� 's `£.� .�� x'to{ �'� � fr- rs °�,�� , `�, ^� `� - #,�t�- ��'� .3?e a � i �m r�zz4'L { Via' i �;;�, x t ..t �` s �' � �� '�c� '��': '* ��-.- '� �i' �r � »- b'�' '�. ` �+ '�.r��,�'� � ,.� a � y�2 x . "�i "' z ., b r��:' ? �._ �„ -� � .� ._�'sr�t.3Ttx�w��c=�a �.�,�s�� ,c �.: �,,'�a' :a ' > �,.+� �� ;��` �- .�::��'.�:��,_._...�,..� y E -1 Land iTse Application for Administrative Adjustment 08/25%2008 L -2 Land lJse Application for Appeal of Administrative 10/31/2008 Adjustment lE -3 Land flJse Application for Appeal of tlae l;l[earing Lxaminea OS/lfl/2009 Decisio �� - . r.. CITY ®F YAKIlVIA ` � LA1�D �J�E � "�..�CA'I'I '�� = ®lit c �� + , � � f �' l DEPAI23'11�EN'I' ®F C ®1VIIYII,TI�TIT'�' ANID EC ®N ®Il�IC DEVELOP �� a �� iV� u1 �,� � � r %� 129 NORTH SECOND STREET, 2 FLOOR � '�`� , ' , � k � ��.� „� �� YAKIMA, WASHINGTON 98902 �/jAY � i 2��9 •= ' = ='�� VOICE: (509) 575 -6183 FAX: (509) 575 -6105 � o�. �I v �” ..�F YA�tlf�if, INST�gTC�'I ®IV$- P]LEASE��AI9::�F')[lEYS7{'� P>lse pir�g ®mms �s®v�nsctea�-I �T.-.- y Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL IlVFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to yow proposal and MIDST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. . ,. _ ,., ... :: _ _, PART' H _'GENE>EtAI. J ®IATI ®1�1 _— 1. APPLICANT NAME Howard Huit 2. APPLICANT ADDRESS STREET 1004 N. 34` Ave #7 CITY Yakima AND PHONE NUMBER STATE WA ZIP 98902 PHONE 509 469 9670 ( ) 3. APPLICANT'S CHECK � OWNER ❑ OWNER REPRESETATIVE INTEREST IN ❑ PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER (IF OTHER THAN 'NAME same APPLICANT) 5. PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE (IF OTHER THAN STATE ZIP PHONE ( ) MESSAGE APPLICANT) ( ) 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY:181315 -14442 7. EXISTING ZONING OF SUBJECT PROPERTY:R -3 8. ADDRESS OF SUBJECT PROPERTY:1004 n. 34 "' Ave #7 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use ❑ Environmental Checklist (SEPA) ❑ Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses. ❑ Short Plat Exemption ❑ Rezone. x Appeal ❑ Vaziance 1 ❑ Shoreline ❑ Non- Conforming Structure/[Jse ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat XX Other Appeal of HE decision PiT l�_— S��)LEIV>[)EI�TT�" AP)P)�l{Cs�'g ®1�T �TH)`>P'B' I�:= 1[�Q>l)�BEID ATTAC>F�NI� ! I�T�S 10. SEE ATTACHED SHEETS :;:PAgtT IV -.CE �" TI�CAT'I ®N.:: � — ,/7.„ 11. I certify t .the info • , io o � i•� p ' ati. � an•, �� a required attachments aze true and correct to the best of my knowledge. �� PROPERT • S IGNATURE DP Tr DOC. INDEX Revised 8 -04 I+' ®I� AIDNdIl�1IS'lcg�'I'I`IE IJSE ®1Vg,Y # � - ?2 RECEIPT I � II.E No. ��r�vV3�O`"1 I DATE FEE PAID � RECEIVED BY � AMOUNT � HEARING DATE i I ' TPPL�MENTAL APP>C.I<C��I ®�i �'� I I ��, ,� ❑ Of Administrative Decision ❑ Of Hearing Examiner Decision ❑ Of Building Official Decision ❑ Of State Environmental Policy Act ( }��- : i CHAPTER 15.16, YAKIMA URBAN AREA ZONING ORDINANCE (UAZQ�AY � � 2009 t;IT�" OF Y�4Kil��; . P�AN�II+l� DIV. 1. DESCRIPTION OF ACTION BEING APPEALED: The decision by -the Hearing Examiner, Appeal #3 -08, ADM ADJ #29 -08, dated Apri123, 2009, with notice of mailing dated April 28, 2009. FILE NO: DATE ACTION TAKEN: 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if Lengthy) APN 181315 -14442 3. WRITTEN DESCRIPTION OF REASON FOR APPEAL: Describe the specific errors) or issues) upon which the appeal is based, including an explanation of why the decision is not consistent with the Yakima Urban Area Plan, Yakima Urban Area Zoning Ordinance, or other provisions of law. (Reference the section, paragraph and page of the provisions) cited.) (Attach if Lengthy) Conclusion 2 of the Examiner's decision is appealed. In that Conclusion, the Examiner ruled that the criterion for an administrative adjustment are not met, in that all utility providers have not provided permission, and that this adjustment is not consistent with the purpose for rear yard setbacks. These conclusions of law are not consistent with the evidence. As to the utility easement, the City of Yakima has offered no evidence as to why they deny permission, particularly in view of a parallel, and more accessible, easement. Given the lack .of substantive reasons, the City's refusal appeazs arbitrary and capricious. Mr. Huit has obtained, to our knowledge, all other waivers. As to the requested setback adjustment, the only evidence of concern is that cited by city staff. After two public hearings, with notice to all the neighbors, there was absolutely no evidence suggesting that this request is contrary to the purpose and intent of the R -3 zoning district and its related development regulations. We reserve the right to supplement this statement p ,�. • he•.- � g. �� DOC. INDEX Revised � ,� `�� 0�� # � — .3 � '"` r id, Departrnent of Community and Economic Development f a �� y „ i �� ; Receipt Number; R 09 00933 ( ��;,�� ,� .. Office of Code Administration _. - :, ' \y �,'�,`.�� f �` % 129 North Second Street, 2nd Floor. Yafdma, Washington 98907 - } -z i , Receipt Date S 05/11/2009 �- Castuer EHA�N � 7 Payer/Payee Flame HUIT HOWARD F 8r SHERRY L" 3 � s s = b _ �, i � r �r =r ; r � �, r $ k � � � � ; k `� � ` � `' 'Onginal Fee � � k Amount t F K� _� F ApPhcatton # Parcel Y fee L�escnption' 1 �, � � � � a z y Amount ; � { r Patd z ^K� cBalance� APP#003 -09 18131514442 Appeai to City Council $295.00 $295.00 $0.00 1004 N 341H AVE APT7 Total: $295.00 Payment � � Check Y � �- Payment � ��.�i� IVlettgd . Num6er , , �' ` J Amount ,' CASH $ 295.00 � � � z��9 Total: $295.00 �'`] � ®� Y/�f( /�Ii s � Prevo ®us Pay►n�nt l�rst ®ry " `� t � � .� �:. i . .: S y� � f � � i, f } � F t Y �FE � ' :.0 q _ .; t S �' 4 � _ . Receipt #, '� Receipt Date ' _,. Fee ,Descnption , ,� _ � /�rnount Patti' Applicapon # k Parcel , � s genpmtrreceipts Page 1 of 1 DOC, INDEX # E' - _ CITY OF YAKIMA: 1 °,��` %`� : ;� �' '� � i ,�;`'` �� NT OF CO AND ECONOMIC DEV�)C,OP11�',�El'�iT� . I �1 &;� � 129 NORTH SECOND STREET, 2ND FLOOR � -OO ' � " �' r ? � O � � � � ZOO YEA, WASHINGTON 98901 � . VOICE: (509) 575 =6183 FAX: (509) 575 -6105 �� J • `� �,�� `�` r�� t� �� Fes _ �L 3 �. i� .r v a ��'4��iV � � + �t 1 rte f t t s � � Y ,� 1 K �� .,e�:wa t.*.��'. �. �. ��z t a�a v� ,�, ;� u �r ,.�e- �,,,,,' ,, - [£_as,.. k. a.: ess�s� -.B�r .: �-7 ,., :., �'_•3��.'�- �e— ..:.- �- a'�.�a,x ' r ��, .r �: � ?,. �_..«., d ��'�.. __.... _,..s. �> a �w l'4''�.,,,,,�:? x_ci54'£�>.....!�y�:��.:: Answe all qu completely. If you have any questions abo� his foam or the application process call, come in person or refer to the accom an in mstruchons. This application consists of four parts: PART I - GENERALINFORiVg,p�TION AND PART IV - CER 1`1t�ICATION are on this page. PART 11 and III contain additional information specific to your proposal andMUST be attached to this page to complete the application. Remember �' to bring all necessary attachments and the required filing fee when the application is submitted. The Planning ]division cannot accept an �, application unless it is complete and the filing fee paid. Fig fees are not refundable. � w� r � 7 � � � _ a� �� ^ Yb�.n � - . � �j§.v� ��.� �� ' >,t� � ell -. ' �a - an,�'S� -�� - r.,�'�r ��, . .p, T S p a ._ ��,a�q ��"�« M�� '`�'' ✓,w°r^2's 3pYyrx .��e`Fyr�.e �r�,g`+,F �• .v z ti �, ._.: ��:r�'a....:.�..,�.�...x. �. n -w..,. � .:�.„..��,,:._ .... ,., � «x: ;a _`. F.��.''� ., .�`. �t��.�.:.;`. �7z�a.:: �' x�. fa��r. �.-.. �^ r" �, �. t��, �i�� r��; i.'^. ' � . "p?S�.�.,��«��`..�a� } �.:,�q ��-!. 1. APPLICANT N ''' om . � j� lag sfi�0' � '� {�.t I j 2. APPLICANT ADDRESS - STREET ! � � L.� _ � e � /„� "(1., L1 �� $ � C1TY � � � L �� . �i AND PHONE NiJ1VlBER _ STATB �� Zl� l.��D� P'HONE (.. )� ?U MESSAGE ( ) 13. APPLICANT'S INTEREST CI�CK � OWNER ❑ OWNER REPRESENTATIVE IN PROPERTY oriE ❑ CONTRACT PURCHASER ❑ OTHER I , 4. PROPERTY OWNER NAly� . (IF OTHER THAN APPLICANTS . ' S. PROPERTY OWNER'S STREET CrrY ADDRESS AND PHONE (IF OTHER THAN APPLICANT) � STATE ZIP PFIONE ( ) MESSAGE ( ) ',6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: � � . 7. EXISTING ZONING OF SUBJECT PROPERTY:. y7 ®� ' 8. ADDRESS OF SUBJECT PROPERTY: d � ', 9. TYPE OF APPLICATION (CHECK A1.L. THAT APPLE i ❑Class (2) Use ❑Environmental Checldist (SEPA) ❑Right -of -Way Vacation ' ❑Class (3) Use ❑Modification to Approved Class (2} & (3) Uses ❑Short Plat Exemption , ❑Rezone �APPe� � ❑Shoreline ', ❑Variance ❑ Nonconforming Straeture/tTse ❑Utility Easement Release ' ❑Home Occupation ❑Preliminary Subdivision ❑Interpretation by Hearing Examiner Administrative Adjustment ❑Short Plat - � Other f '" R g >' g 1 C °" `Ga 1. � d 9 'e CFC � P ^ Q4 h ` � �$ $ 8 1'�'�a%s �izc... -. � H —� , -^—.^� �C� � � ' : � . 3" � 8 S F` `, � .. YF'�::�'S� �:>'� ' 10. SEE ATTACHED. SHEETS g> � �t a is � ��i"e I� la � �'� ,�^+�� i 1 � �� -"�""� �, +s•�a � � '� cas� � �," r ��sz�~a. r � . �,�. - �' �T"' >xx` -- - `'s" ° �� e�Lro�a.,w� �.. -. 6�` a tees- ��"`,r ...s' ` � _ � �.� �r;��G��' �v �R� D� i��.'�`.. J �,"�. M �a:;�a � �,�a.'�,�`. �iY'�-� �. n } `��,3 i.M.,v _. 11. I certify :• at the info �� - � � n on > t, s app ��tion and the required attachments are true and co r ^ t t• the best of my knowledge: /'�►.: - ` 1 "��' ATURE ATE Revised 9 -98 ]F'OR' ADM]Il�S'��ZATIVE USE ONLY FILENO.� �� `,�� DA F AID RECQVED BY R P'I NO. ��f _G ESFARING DATE i � w � sr'r _ _�� v� r vas. � i 6�� i/ �T9® . A jI"t Yea} � ; T-h � � 3N � �, �,: � ® wj . "� �' �,4 . '� ��o�, �e Of Administrative Decision 0 Of Hearing Examiner Decision �� ®� V9f�� i kPQ�nrcQ�'�M� ��=-� P;�� ^�;;, �� p . ❑ Of Building Official Decision � Of State Environmental Policy Ac � ° � Decision CHAPTER 15.16, YAKIMA URBAN AREA.ZONING ORDINANCE {UAZO) � " - c -�. �-n :�y.t�.�'s K' ��yi r� "g �' �'� .�1�!?P �':yxa, �ztr�E fit'�y.' -sue S .4.F> �. s. a � v g ._. _ � �.s �=+�. �- ....:.�"�+" v4z�m:��.. �, �,,.� �: � - ��.� i � "� { L� sF .n c�a�xi^�.��.k".�.�'�°r� '`� `ek''�.S.Y� +«, Ti r"�' ,� � 3 � ' � rt: - �� g . M ��., .. Y"'.�n f "�,i+�`..� �tx' w- �',..._�".sa.. `3. � ..? �:.:.. � ��}��r� a r, � �aR��', � ��- �s'�::- ��''`�`'E...�7'�� .+§�Y ` .x; ..,..... ��.._ �,.�a w�, :. 4r��.f. �- .,.: >�. x t.e W �T tS'S `'T«S':iic W`+"+'4. ?;�� A � FAT'e C .rte c`�3�G 4Q}'+ %... S C . i` � 1. DESCRIPTION OF ACTION BEING APPEALED: Pmt � �. ��-:.� �. �--� -e � Q �'�'. �. 2- � 2 + O � � /t�2., . . � FILE NO: � � M �h.'� �'�`l ° O� .DATE ACTION TAKEN: � O - �. � - � � . 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if T,engthy) 3. WRITTEN DESCRIPTION OF REASON FOR APPEAL: Describe the specific errors) or issues) upon which the appeal is based, including an explanation of why the decision is not consistent with the Yakima Urban Area Plan, Yakima Urban Area Zoning Ordinance, or other provisions of law. (Reference the section, paragraph and page o. the provisions) cited.). (Attach if Lengthy) �� on- `cam' 0� . 5 � �-tr � � � � �!i`L [� ��tr'�a � C� ta-- ��'�`-� (..S �� L ate. e�- s�- .`.� -� l .- u--��e v.� � C� � .vim. c� � �`� S ' Cam,.. � �"1 '�v �s-� Cut a:�l �c�c� c� � In.�c� ��S�a . � � � � � Revi ecl ',::; �; s 9 -98 � � � V`Q� � ,lid Q_�� f "- , _x?;�1,.QQ.y \ ,;'�i ,�.1 � - . dl _ 4l�C. �`��} c%� -=Y�' ..w CITY OF YAKIlVIA: � , s . r � I ' h. �� ,�''� DEPAItTN�1VT' OF COMMUNITY A��1D ECONOMIC I)EVEI.,OPI l� �+ � .ti - 129 NORTH SECOND STREET, 2ND FLOOR ''� � �� f YAKIMA, WASHINGTON 98901 ,��.�� A'�U` ``h'� ��u��~' = %' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 � �3J' -�'s '� � '�'k ,am. .. .., 3�, uSs !"R ��ab'wy,.��L. � .�� i { it } ��t4llal .� - -- - -- - - - -- .�,. ,.., _ _ _,_. �i�: � .., . \;..q„i�\, a .<.. Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. ,This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an 'application unless it is complete and the filing fee paid. Filing fees are not refundable. - � _ _ ��+{�� y,�,$!+.GyL1i i� �1 � -- 33.,1f� R ��' � �. � y ' - � �� \ ��'e Z„ � �� \. _ � . �\�� \� \a` � \ b \ , ��-•\`\$`, `�\C��'n`\ \� _..._.�.� _ .u„ ��.•S. '�S� � y� 4`tF ��'S`.��.r �� Ca � ce��U ��VT�\ ♦ � � .. .v.— :.:. ..,. �� 1. APPLICANT NAME _ -- ._ _ —� - -- _ - -- -- _ ___ �� _._�� _ 2. APPLICANT ADDRESS STRi�T � ' _ - AND PHONE NUMBER � ` - } � =- , � � �, F _..'�� '�- ,' crTY Z� PHONE 1 STATE � � � ( � �) - MESSAGE (�-- r . ) J �cJ� C . J !�`� �3. APPLICANT'S INTEREST CIiECK � OWNER l ❑ � OWNER REPRESENTATIVE IN PROPERTY o1 � ❑ CONTRACT PURCHASER ❑ OTHER 1,4. PROPERTY OWNER NAIL (IF OTHER THAN APPLICANT) i 5. PROPERTY OWNER'S STREET c � ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STATE Z1P PHONE ( ) MESSAGE ( ) 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 7. EXISTING ZONING OF SUBJECT PROPERTY: r 8• ADDRESS OF SUBJECT PROPERTY:, , _ e ' � t � � , 9. TYPE OF APPLICATION: (CHECK ALL THAT�APPLY) -� ❑ Class (2) Use ❑Environmental Checklist SEPA ( ) ❑Right -of -Way Vacation ' ❑Class (3) Use ❑Modification to Approved Class (2) &. (3) Uses ❑Short Plat Exemption ❑ Rezone ❑Appeal ❑ Shoreline ❑ Variance ❑Nonconforming Structure/Use ❑Utility Easement Release - � ❑Home Occupation ❑Preliminary Subdivision ❑ Interpretation by Hearing Exaraziner Administrative Adjustment ❑Short Plat � ❑Other . � � � �. 1 10. SEE ATTACHED SHEETS i JL �8�� . ` Y � � �s � +r'k ��'C' $ ,.. r d ! Lq�� 4 � �# �. ,`�P' S � 1 - p; �Y r a � .. , i.. ,-,.: �, ?". ., � ��t�at- ..,.,.,.a� w..:. re. � ..... •.�� . •.. - .r k e - .a -�` hYC r;;.�:s._ _�:I i 1. I certi that t -inform. ' .. on r� �.- .licati�nd the requued attachments are true and correct to the best of my knowledge. d � � ; ' �. ,.I A ' E - � DATE ,Revised 9 -98 FOR ADMINISTRATIVE USE ONLY FILE NO. }� � �� '��> /�� ' ! �� y �OY® R ' -= Ate - ,:�; ' . f � �. �� , , SUPPLEMENTAL APPLICATION Fes - �i r i �, p 3 F �' 1P J ��''F� °4N � � � "tm� �% � °�� s� �� ` �� i ' CITY p �� p � p � ,9 a it � / � �l., G@n7ED:: i e - " ��IvtI'YIo7�IRUh �� i CHAPTER 15.10, YAII�MMA URBAN AREA ZONIlVG ORDINANCE (UAZO) Raw.^ '.. �� S � !$'. �d d' �3 �` �r S _ \ 4' ...... ,��` .... ��1. , 1 , {^" � \ "��. \� ' \ \ \ �� f .� %�� . �, `�` .�,,, ��,. \d, �.l. \ X44 `<. M � v.�?:`i u �C� � �cC� �4\ �� \�� ,� «'' �. .rux ., .. r,,.o.� .._:.... .. ......,,. _. Af.�+. -rte � .. � ='' �\ 1. TYPE OF ADMII�TISTRATIVE ADJUSTMENT REQUESTED (✓ at least one): - SETBACKS: Front Side � Rear ❑ FENCES . ❑PARKING ❑ Si'1�;SCREENING ❑ SIGNS: Height � Size ❑ LOT COVERAGE � _ -- � ' ❑ OTHER 2. AMOUNT OF ADJUSTMENT: " Zonihhg ordinance requ�ement Proposed standard Adjustment requested 3. PROPOSED USE:.(Important: Must,be taken From Table 4 -1, of the Urban Area Zoning Ordinance) �1 '�cl��v� �e�c� -y� 4. LEGAL DESCRIPTION OF TIC . UBJECT P:.- OPERTY: (Attach if lengthy) _ �' �II�� i�� (�i �r z+ 7 1a�'^ � ii�� .'�: tia s s�a�: � � <s>t .. �g m�,�:�`�'-.ci ti - s �v$i °�.�� ...�.�z.'Sr."� :.n _�y, � �� ..Y a,. :.: ,_ `.. 'ate'` .. 1+� � s �'� � ;.�. — �� . n, `k'� "L, �iw �Y"'F'0\ 5. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist) 6. A WRITTEN NARRATIVE: (Ple�e,sub 't a written response to the following items: ��- � � �" A. How would the strict enforcement of the current standard affect your project? Why is the adjustment requested? B. How is the proposal com.atible, with neighboring properties? Have other adjustments been granted nearby? - ,�- " .,.�, - . C. Is your proposal consistent with current zoning of your property; and, c. Is your proposal consistent with uses and zoning of neighboring properties? ® ®Ce ' 6ND ' .� D. Is your proposal in the best interest of the community � � , I -_. 7. AN ENVIRONMENTAL CHECKLIST: (If required by the Washington State Environmental Policy Act (SEPA)) Note: If you have any questions about this process please come in person to the Planning Division, 129 North 2nd St. Yakima, WA or call the Planning Division at (509) 575 -6183, Monday through Friday 8 a.m. to 5 p.m_ Revised 9 -98 . Howard Huit A�� 'Itil et' Administrative Adjustment application re rear setback � �� August 25, 2008 - ��-�� Supplement to Part III, No. 6: Written Narrative: The purpose of this adjustment is to accommodate extension of my kitchen to the rear of the lot. I started construction without a permit, due to my confusion as to the appropriate jurisdiction concerning additions to manufactured homes. It turns out that I have also encroached into a utility easement on my back lot line. I have recently requested a waiver from the city re that easement, due to an identical parallel public utility easement on the north side of my rear property line. Waivers signed by all utility companies, except the City of Yakima, have been submitted. No utilities are located in the easement. As part of an overall plan to resolve my situation, in a meeting with Sandy -Cox, Royale Schneider, and my attorney, Phil Lamb, we worked out that the City.will review my request for easement waiver, I will submit building plans with a building permit application, and hopefully receive approval to build. After the meeting I discovered we also need an administrative adjustment to reduce the rear building setback. This application will allow correcting the problem_ Building plans have been submitted and reviewed by Sandy Cox, who has asked for additional information. That information is being submitted concurrently with this application. In my frustration I started building the addition several years ago, and stopped when I received a stop work order from the City. At this point the addition is enclosed, but not finished on the interior, so inspections will be straightforward. If strict enforcement of all City regulations is applied here, I will. suffer substantial financial loss. I anticipate being able to meet all building code requirements. Waiver of the easement and adjustment of the rear setback is necessary in order to accommodate the existing building footprint. The history of this manufactured home subdivision indicates a number of permit issues related to additions to the main homes, prior to annexation by the City. As a result, it appears that a number of rear patios, porches, and storage rooms may have been built, prior to being in the City, which may similarly encroach. In any event, this is a developed subdivision abutting a senior citizen residential facility. My back line is fenced with a view obscuring fence, with a parking lot directly north. Emergency access from the north, as for fire protection, will not be affected by this adjustment. ,Allowing this adjustment will have no adverse effect on any neighboring properties. This proposal is consistent with the zoning and with neighboring uses and zoning, for the reasons stated above. D ®C. dN ®�{ �— A�IJ'� � � �L'�i�i'r� Page 2 ��'�t ��1�W�,9�= Huit Administrative Adjustment �'��- '�'�� =��m Narrative Waiver of the easement, adjustment of the setback, granting a building permit, followed by my construction per code requirements, will resolve an existing code compliance problem in an orderly way, which will benefit not only me but also the City. Respectfully submitted this 25�` day of August, 2008. M1 ry ;° / i . o d Huit ® ®Ce 1NDE1C -� � ®WARD HIJIT r�PP #003 -09, APP #003 -08, ADJ #029 -08 EXI3I�IT LIST' CIJAPTER F' P�bl�c C ®ffiments / C ®rresp ®nde �� ce � ; i''' „° � Sf ��.z - <...�r mss. - �� T ■■ p lry xt ;��6 �Sa 'Yq P �$�� ak,rs.� a � tv � �� Fn Y�'��C ;`" 1 rv� �y.Ki4'9 '�'' k�° ' '��N � �.'Yo ti� �a - *..� '�#,z �?'d M , �r ::,�� 'dry �"`'", e�ti� F �°r'�r'.� - fit ° �'c•, a "1 '{ �*S'# '�i- ' a '�,� � � �' +�.�5..� i`�, - k� �.e � ..� �� 4 5 �3 -�k z ,2 ��___ppp �i �';�,ai� a �,eFi , z " � f ��' �.s ^R ` ,^ ��:, �y��;.�.�as �r`"�ac �'4� � �'+- i si �'" r,;v � .�,�. �'T �,"' "'t � x �s s, � �. � a ir 4 - � L� , .�a�� ` '�� ,, � t� � 3i =� r � •v a - � .� � � � � �� ' � x.� �,� � x .s�'�i -" sx� i �' �n '"' , Ii -aY `�.� `� �.. �9 �rx= f'u �a '� e £� `t�a t''�";s €�M'" �.�'z < r w .� � � s *f a '"� � . ,4i,'a��4'K ,..., ..-.,:.. <3 ,�....,�:. ' °'r�r:3�s. „< �...�,rK ,fir.,; . <a<�trs "m�a'. ^, �a,�' .,r'k�.+t..� u. ��.�„� �� ,<-3 ��'�. � � , ...� z .0 � z r # .....�` ;. i�<� .. »., ..,: t'v .3 <.,. _ �...,.. _ ... _ �`. r� c P' -1 Conr►rnent getter received from Wayne Funkhouser 09/25/2008 F -2 Comrnient Letter received from Wayne Funkhouser 12/04/2008 F -3 li✓ -mail for the file from Vaughn 1VIcBride regarding 01/21/2009 modifications to the staff report. F -4 Ndemorandum submitted by Phil Lamb 02/25/2009 F -5 Comments submitted by Phil Iamb 03/06/2009 F -6 E -mail correspondence requesting 1VIr. Cuillier amend the 03/17/2009 "Interim Decision” F -7 1Vgemorandum submitted by Vaughn 1VIc13ride 03/23/2009 F -8 Comment Letter received from Wayne Funkhouser 06/02/2009 June 2, 2009 Department of Community and economic Development Planning Division 129 North Second street, 2nd Floor �� Yakima, OVA 98901 Atin: Vaughn C. McBride - Associate Planner ,!UN � 20Qg CITY 0� YAIZII�A I�A6�i�If�G DIlO. Dear Sir: This appeal, if negated will unjustly put Nlr. l-Iuit and his "Legal Eagles" in a far better position for future litigation (and future litigation will be required to resolve 1VIr. Huit's principal wrong doings). 1. No building permits secured 2. Inspection during construction 3. No final inspection - or approval * Note: Permit would have indicated set back required. - What this man has done is totally unacceptable and no further consideration or leniency should be granted. Sincerel v�� Wayne Funkhouser 1004 N 34th Ave # 1 Yakima, WA 98902 509- 966 -8711 D ®C. 9N ®EX �- �. �'Ci`tyr of Yakima�Plannrng �.� �- �, � ; n� - �, � . ''��;129rN.r2 " St. � } ��'`Yak�ma, WA. 989 ®1 � , q a A4�50 9 5 57�5,�61'83 �� . ,x, ` .�.� ��`® � ®e Gary Cullier, Yakima Urban Area Hearing Examiner �Co Phil Lamb, Legal Counsel for the Appellant (Ho�nrard Huit) Et a Vaughn McBride, Associate Planner- ��r-�� a nAarch 23, 2009 �" Rio Appeal #3-08, ADM ADJ #29 -08, 1004 N. 3�&"' Avenue #7, Yakima am enclosing an e-mail 1 received from the Doug Mayo, City Engineer in response to your n�uest for , additional information concerning the City Engineering Division's policy for albwing use of pub6� utility easements by private property owners. (Interim Decision dafied March 12, 2009). The City Engineer's_ .response; dated 11Aarch 2009, offers the following response: _ - (a) Has the City Engineering Division changed its position as to granting permission for Appellar�Ys encroachment on the utility easement since the Zoning Administrator's decision was issued? The City's Engineering Division, as evidenced by the followring quotation, has not changed its positron of disallowing Mr Huit permission to encmac�r upon the utility easement in question. Consequently, the Zoning Administrator's decision fo deny the requested administrative adjustment of the rear yard setback in the R -3, Multi- Family zoning d from 95 feet to 4 feet was par6al/y based upon this inforrnation; the other reason being thaf the n3quest amounted to an excessive 73 reduction in the requind setback "It is the opinion of the Cityrs Engineering Division that fhe adjustment wrould sevem/y infringe on a utility easement that cn�sses and is for the benefit of al! panaels along the north edge of this developmenC. "The utility- easement was established for the benefit of aA adjacent panels to be available for utilities now or at any future time: To accept this request would deny this and all adjacent parcels this ability into ripe fiuture" (Doug mayo, City Engineer). (b) If so, has permission been given ar will it soon be given? ® ®�. � 18V® . ... � � .� Permission to allow use of this easement by private property o�rners has not been gNen, nor is it anticipated that permission will be given in the nearfu(ure. (c) If the Cites permission has been given or will soon be given, what other utilities need to give their permission and how long would this matter have to be continued to allow the requirements of Subsecfion 15.05.020(D) of the UAZO to be satisfied? Not Applicable. The city does not support the n�uest to u67ize the exi�ng easement (d) If the requisite permission from all potential utilities needed to satiisfy the purpose of Subsection 15.05.020(D) can be obtained within specific reasonable timeframes set forth in answer to the preceding quesfions, wihat spedfic reasons are there far conduding that the intent and purpose of the rear setback nrquirement are here either lacking or satisfied? Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners unless �e plat or other document creating the dedicated easement provides fr�r an alternative meri�od or methods to extinguish or alter the easement, in accordance wiN� Section 14.20.060 (D), City of Yal®ma, Subdivision Ordinance. The City Engineer does not support the request to utilize the existing easement (e) If the requisi6e permission from all potential u61i6es needed fio satisfy fhe purpose of Subsection 15.05.020(D) pn be obtained within spedfic reasonable timeframes set forth in ansvuer to the preceding questions, Farhat specific reasons are there for concluding that the coordination and flexibility criteria in Subsections 15.10.020(3) and (4) are either laddng or satisfied? Not Applicable. Structure semacks in nrsiden6al d are intended to provide privacy, light, air and emergency access. No structure shall be bu�7t or ►orated on or in an easement (15.05.020(D), Structure Setbacks). The standarr! structure setback fru rear yards in �e R-3 zoning atistrict is 15 feet from �e rear properly line (Table 5-1). In closing, Doug RAayo, City Engineer offers the followring oondusion, °Cit)r Engineering supports the denial of this request . Please give me a call at 509 - 576 -6513 if you have any questions. attachment ®�i. • Page 2 ANDES � F� From: Mayo, Doug Sent: Friday, March' 20, 2009 9:54 AM To: McBride, Vaughn; Davenport, Joan Cc: Antijunti, Mike Subject: Appeal #3 -08, ADM ADJ #29 -08 Huit March 19, 2009 - Appeal #3 -08 ADM ADJ #29 -08 Howard Huit , Eng file 0809.02 To the file, The issue in question is that one parcel in a multi - parcel development requests the adjustment of a rear yard setback.. . This adjustment would severely infringe on a utility easement that crosses and is for the benefit for all parcels along the north edge of this development. The utility easement was established for the benefit of all adjacent parcels to be available for utilities now or at any future time. To accept this. request would deny this and all adjacent parcels this ability into the future. City Engineering supports the denial of this request. Sincerely, Douglas Mayo P.E. City Engineer • Page 3 ® ®c. INDEX ��7 , Ibarra, Rosalinda From:. Cook, Bill Sent: Tuesday, March 17, 2009 7:03 PM To: Davenport, Joari; Cutter, Jeff; Cox, Sandy; Ibarra, Rosalinda Cc: Benson, Bruce; McBride, Vaughn; Caruso, Joe Subject: Re: Reply re Huit Introduction Fine. Let's see where this goes. We have made our point. And it is a part of our record. Sent from my B1ackBerry Wireless Handheld Original Message From: Davenport, Joan To: Cook, Bill; Cutter, Jeff; Cox, Sandy; Ibarra, Rosalinda CC: Benson, Bruce; McBride, Vaughn; Caruso, Joe , Sent:' Tue Mar 17,17:03:57 2009 Subject: FW: Reply re Huit Introduction All — Yesterday I emailed Gary Cullier with a request (see below) that he amend a statement in his "Interim Decision" that asserts Sandy Cox "verified the accuracy" of the written statement which Phil Lamb submitted at the hearing. I suggested that Mr. Cullier modify the statement to reflect that she "commented" on some of the facts of the statement.. As you. will read below in Mr.' Cullier's response to me, he indicates that unless we ask the hearing to be re- opened his is not changing his language. Therefore, I think we will have Rosalinda mail out the decision on Wednesday to parties of record and get the comment process going. Joan Davenport, Planning Division Manager Department of Community and Economic Development Yakima City Hall 129 IiTorth 2nd Street Yakima, WA 98901 (509) 576 -6417 jdavenpo @ci.yakima.wa.us From: Tcbec @aol.com [mailto:Tcbec @aol.com] ® ®`°' Sent: Tuesday, March 17, 2009,4:54 PM ��® To: Davenport, Joan � F � Subject: Reply re Huit Int auction Joan -- The introductory remark you reference states in general terms Mr. Lamb's purpose in calling Sandy Cox as a witness; i.e. "to verify the accuracy of the statements in his Memorandum." That was in fact his first line of questioning at the hearing. The introductory remark does not state as a finding of fact that she in fact "verified the accuracy of the statement." She did, though, for the most part do so at the hearing as follows: Philip Lamb: I gave Mr. Cuillier a Memorandum yesterday with a statement of facts in it, and 2 provided a copy of that to you. Did you receive that? Have you had an opportunity to review that? Sandy Cox: Yes, I have. Philip Lamb: And in your view have I accurately reflected in a general way the procedural history and the facts as in that Memorandum, and what you've heard me say here this morning? When did you come in here? I didn't notice.- Just now? Sandy Cox: About five minutes 'til nine. Philip Lamb: Oh, so you've heard the whole deal.. Sandy Cox: Yes, the whole thing. Philip Lamb: OK. Sandy Cox: Yes, -arid'I did read the Memorandum that you dropped off yesterday. I do agree _with most of it, other than the sentence that says "It appears to me that Planning was not - aware of the efforts by other City ,departments to reach resolution, resulting in denial, hence this appeal." I don't know, if they had been aware of it, had the decision 'been any different. I can't testify to that. Other than that, it's pretty accurate. The ordinance provisions do not have a procedure for changing decisions, though the hearing could be reopened to allow Mr. Lamb to argue that his purpose in calling Sandy Cox was .at least in part to verify the statements in his Memorandum as shown by the record of his initial questions of her. Since this is an introductory remark in an Interim Decision that asks for two more submittals of further information from both sides on the issues involved, it seems to me ,like there will be a lot of opportunity to address the testimony of Sandy Cox and the Memorandum of Philip Lamb prior to the entry. of findings, conclusions and a decision in this matter. But if you want to set up a new hearing with notice to Mr. Lamb of the issue involved, please advise and I can issue a second Interim Decision accomplishing that result. -- Gary Cuillier Gary - We have reviewed your Interim Decision regarding the appeal of the Huit application: Of particular concern is the excerpt below which appears near the top of page 2 of the Decision. I believe it is not accurate to represent that Sandy Cox presented evidence that "verified the accuracy of the statement" submitted by Mr. Lamb. Rather, it may be more accurate to describe her testimony as "commenting on specific.facts" included in Mr. Lamb's statement. The way it stands now, the paragraph implies. that Sandy Cox provided a blar�c�� statement verifying Mr. Lamb's statement in total as "accurate" �j z ��➢DE� F_ � Please revise your Interim Decision. and email it back to Rosalinda, as soon as possible to provide a proper representation of the testimony of Sandy Cox. We are preparing the decision for mailing tomorrow, Tuesday, March 17th. (2) The Appellant's attorney, Philip Lamb, testified as to the reasons why the denial of the Administrative Adjustment should be overturned as explained in his Memorandum in the record dated February 25, 2009, and called Sandy Cox, a Plans Examiner for the City of , Yakima Code Administration Division, to verify the accuracy of the statements in his Memorandum. Thank you for your assistance••n this matter of correcting the public record. Joan Davenport, Planning Division Manager, Department of Community and Economic Development Yakima City Hall 129 North 2nd Street Yakima, WA 98901 (509) 576 -6417 jdavenpoCdci.yakima.wa.us Feeling the pinch at the grocery store? Make dinner for $10 or .less <http : / /food.aol.com /frugal- feasts ?ncid= emlcntusfood00000001> . DOC• INDEX 3 � r_ 311 N. 3d Street �� :�> ��/ � Phone: (509) 930 -1207 P.O. Box 4 Fax: (509) 834 -2119 Yakima, WA 98907 Email: phil @lamblegal.com C{�;r of �rA�{�v��. CODE AD�lI{N. DIVIS!vN' 6 March 2009 � ❑PAID FYI Mr. Gary Cuillier City of Yakima Hearing Examiner Harid Delivered to all 314 N. 2 °d Street Yakima, WA 98901 Re: Howard Huit, hearing held Feb. 26, 2009 Dear Mr. Cuillier: This is offered to clarify comments made at the hearing by City Attorney Jeff Cutter. I interpreted his comments to the effect that he is opposed to utilizing the easement waiver process. After the hearing, in conversation with Jeff, he clarified to me that his opposition is to vacating the easement. I agree with him that this is not the appropriate process to vacate a platted easement. I believe that he thought that we were requesting that the easement be vacated, which he opposes. We are not making that request. I believe that he is not opposed to the waiver process. By a copy to Jeff, if he believes that I have misstated his position, I assume that he will provide further clarification. Sincerely, ��'wti Philip A. Lamb C: City Attorney Jeff Cutter �`lanner Vaughn McBride Client �N � �- 5 CITY OF YF""n/Lq " ",""�� /. � v'u� CODE ADMIN. , '1SION �� o�� CITY OF YAI�IMA �= ' EC'VD FAXED❑ HEARING E��AMINER ❑PAID Eyl � In Re Howard Huit Appeal #3 -08 Hearing scheduled February 26, 2009 Memorandum by Philip Lamb, attorney for Howard Huit. This matter was continued by the Examiner in order to allow appearance by Sandy Cox, Plans Examiner II with the City of Yakima. I anticipate that her testimony will corroborate the following statement of facts. This started as a code enforcement issue because Mr. Huit started to build an addition to his manufactured home without obtaining a building permit. After a series of meetings with him, he engaged my services. I have had several meetings with various individuals in an attempt to resolve this situation. In a meeting with Doug Maples, then code enforcement officer Royale Schneider, plans examiner Sandy Cox, and Mr. Huit, we reviewed the issues necessary to resolve the matter. At that point it appeared that Labor &Industry review of the structural connection to. the manufactured home would be required, as well as a building permit from the City as to the stick built addition. Mr. Huit obtained stamped plans from the manufactured home manufacturer, and has .submitted building plans which have been reviewed and critiqued. In the course of that review, we discovered that the addition encroaches on a utility easement on the north (rear) of the lot. In a second meeting with Ms. Schneider, Mr. Huit, and Ms. Cox, we discussed resolving that issue. I discovered a parallel easement on the north side of the rear property line. That so- called Butler easement had been created when Dr. Butler developed the property to the norkh for senior housing. The City had relied upon that easement for utilities when approving the Butler project. In the second meeting, we discussed how to deal with the encroachment issue, by either vacating the Huit easement or some other method. We settled on waiver letters from the various utility providers. The waiver mechanism is consistent with YMC Sec. 15.05 D, which allows use of a non - access easement if permission is obtained from the easement grantees. HUIT MEMORANDUM LlAMB LEGAL Page 1 of 2 311 1�. 3d Street ® ®�. P.O. Box 4 INDEX �a�� wA 98907 Tel: (509) 834 -2120 Far: (509) 834 -2119 I drafted a waiver letter for signature by the various providers, and reviewed the wording with Ms. Cox. Mr. Huit then obtained signatures, and has provided the original letters to me. At this point I do not believe that the City Water and Sewer Departments have signed, which should be a requirement if this adjustment is approved. There are no utilities in the Huit easement, and the Butler easement is far more accessible for future utility installation. The Chesterley Addition in which the Huit home is located has numerous back yard fences and ancillary. structures which would significantly impede utility installation. The Butler easement is open ground, parallel to paved parking. Staff efforts in Plans and Code Enforcement have been directed to obtaining Mr. Huit's compliance. After a period of significant frustration for staff, we may be close to resolution. I did not. pick up on the administrative adjustment requirement conceiving the rear setback until late in the process, and regret that oversight. When Ms. Cox brought it to our attention_, we submitted the requisite application to Planning. It appears to me that Planning was not aware of the efforts by other City departments to reach resolution, resulting in denial, hence this appeal. This is a utility easement, not an access easement: Access easements are the ones which need to be vacated. In this instance, with a parallel and far more usable easement on the north side of the property line, denial of this adjustment would be unnecessarily harsh and in effect deprive the Huits of valuable property rights. The City's code enforcement file on this subdivision is voluminous; meaning several inches thick, and details the numerous small patio covers, car ports, and storage structures which in some manner have grown on the various lots without official sanction. Granting this adjustment would not cause any compatibility problems with the existing development in the area. Furthermore, it would bring into full compliance an existing enforcement headache. Approval of this adjustment should be conditioned upon receipt of utility waiver letters from the various utility providers, and compliance with all applicable building codes. Respectfully submitted this 25 day of February, 2009. r � � � V Philip A. Lam , BA 148 INUIT MEMORANDUM LAMl$ LEGAL Page 2 of 2 311 N. 3d Street P.O. Box 4 ® ®�i, Yakiaaaa, WA 9$907 ��® �'el: (509) 834 -2120 Fas: (509) 834 -2119 � � - L-�' �ensoa�, Bu�aace ' From: McBride, Vaughn Sent: Wednesday, January 21, 2009 3:40 PM To: Benson, Bruce Subject: Huit Appeal Attachrnents: Staff Report - Huit Appeal.doc Bruce, Gary Cullier called and pointed out that on page 2, Item 5 the language referencing YMC 15.05.020(d) does not contain the language I have modified that section to read as follows: "I�To structure shaYl be built or located on or in an easement." Additionally, SQCtion 14.20.260(fl�) of the , Cit��'s Subdivision ordinance states that "IEasements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or rnethods to extinguish of alter the easement." Vaughn C. McB�ide Associate P /annex City of Yakima, Planning0ivision Phane.� (509) 576 - 63/5 fax (509) 575 6/05 v m c 6 ri de C c i, y a ki m a. w a. us ®OC. a�o�x 1 /22/2009 � ,�- 3 Planning Division December 3, 2008 129 North second Street, 2 " Floor Yakima, WA 98901 Vaughn McBride �E� Q � 2008 Associate Planner o��Y o� r ,�� l �� 'd�Nl�l�G DI�1. Subject: Appeal of the Administrative Official's decision denying Howard Huit's application to adjust the rear yard setback standard in the R -3 zoning district at 1004 N. Ave # 7 Yakima 98902. Assessor's Parcel Number: 181315 -14442 File #: lJAZO Appeal # 3 -08 Dear Sir: I find Mr Huit's appeal to be completely ludicrous and A REAL NO BRAINER! After two (2) years and considerable expense the City of Yakima's Legal Department issued the now in effect decision. - Mr. Huit did knowingly and willfully add a large addition to his home without benefit of any permits or approval. of YakiPraa's city Code Department. It would be an insult to residents of Vakinna vvho dutifully comply with existing . rules and regulation. I say let the original decision stand. ,�.. �._.- W yne Funkhouser 1004 N 34"' Ave # 1 Yakima, WA 98902 509 - 966 -8711 DOC. !RlD�JJ( � � 2 �- -- _ t l -. i6 �:_ Wayne Fun4�houser ` 1004 1�9 34�' Ave # 1 ` :_' - _ . _ �..,::;. _ Yakirma, WA 98902 .,�= °.. � ,,. - ��. _��_�: . �.�_�.�;- Septeo�ber 24, 2008 WiGliarn Cook RE: Your letter of September 19, 2008 . to: 0-io�rard � Sherry Huit ��- � � 1004 N 34 Ave �7 Yakir�na, WA 98902 Your lever of September 19, 2008 clearYy indicates .infraction and wrhat needs to be done. see no need of any change, inc8uding Mr. Huit's plea to change setback requested. Ef he would have secured the proper ,permits a nd buiVding - . instruc$ion, he woa�Bd have known what vas required by code. find. his disdain for proper procedure very distasteful end irresponsible, and in my opinion has earned. hic� no reason for leniency. Your 9egaB department has found a way for you to pursue and complete this matter by fol @owing the demands (no negoi�ting� indicated in your letter of September 19, 2008. Re� ctfulby y�= - � ,; r�__- � / VV ne Ft�ik houser CITY Lfl� �ZA�;�"a�1 _ '� -�D� AD�h'II.N. ��Va�9o9v1 INDE3( i�' - C V� F �; # � ( i PAID "�"I !�!� ' � ®�A �I�I�' APP # ®03 -09, APP #003 -0�, A®J #029 -0� EXI-IIBIT LIST CI�APTER G Notices s� ,� cF.� r� :� ?,�§'i. gd ��3 -mss q. �'3 .. .j'�.�� ` � i? k "�. �" c �.-sc e �'"�.'`' a � �'�'`t� � � ��'D�C ?emu '4 i� .mYe ""?.,",��.f* ^4�, 1S a �,$sv'Pi�..'�a'��D� -4° N �;t`�`3t kr^*s .eew'� -fit :��d�''�'' $� fi ;� �! `��DA�1J� . a « � r�^,.� � ��fi .� � -k�m� �x ,� x w # �� . � �� rte. �'^�,,, M a'� w � s,. '� rl"'� `�..:.. �u�� ,� .. �,.. �' ."� �� is 3n `� ��'y _ �'"� L � �' � � aa.�'� az. � � i°�z� a .d..m � 5. `'a,n - , ...� . � , .'� `a • �. -€ 'x ...� , �`" �a - ''��,d',w., ��2�."` �z��.. "� °��:�.R- '4::�»n"+�': ""� `'-'ks �cua'� r ��,�'��".x��;.! G -1 Determination of Application Completeness 09/18/2008 G -2 Notice of Application 09/19/2008 G -2a: Parties and Agencies Notified G -2b: Affidavit of Mailing G -3 Notice of Decision 10/22/2008 G -3a: Parties and Agencies Notified G -3b: Affidavit of Mailing G -4 Notice of Appeal and Public Hearing 11/21J2008 G -4a: Press Release and Distribution E -mail G -4b: Legal Notice and Confirmation E -mail G -4c: Parties and Agencies Notified G -4d: Affidavit of Mailing G -5 Notice to Post Land Use Signage 11/24/2008 G -6 Revised Notice of Appeal and Public Hearing 12/04/2008 G-6a: Press Release and Distribution E -mail G -6b: Legal Notice and Confirmation E -mail G -6c: Parties and Agencies Notified • G -6d: Affidavit of Mailing G -7 E -mail from Legal Department regarding Non Sufficient 12/11/2008 Funds (NSF) payment G -8 Notice to Applicant by Certified Mail regarding payment of 12/12/2008 Appeal Application G -9 Note to File 12/22/2008 G -10 E -mail regarding payment submitted by Mr. Huit ffor the NSF 01/02/2009 Appeal Application G-11 Notice of Rescheduled Public Hearing 01/02/2009 G -11 a: Press Release and Distribution E -mail G -llb: Parties and Agencies Notified G -llc: Affidavit of Mailing G -12 Returned to Sender: Notice to Applicant 6y Certified Mail 01/05/2009 regarding payment of Appeal Application G -13 Hearing Examiner Packet Distribution List 01/15/2009 G -14 Hearing Examiner Agenda 01/22/2009 G -15 Sign -In Sheet — January 22, 2009 01/22/2009 `s -s '.k ��wRr s. nt -� i,�-� �'. . '�^� '�e�" �r F.'�.. � � 'a r'4 v� '�'�",�. `"� i '` ' v � D ®C�� .� � �;.� , �� a � � �. � �� I�t'I' x � ..�, �� ,� �,�. �� rte' DA��E e r r `:�+e �d� - !"`. �''s.'C`,%. k;, ' 1r t� '�° x��e2 �5:� Rte ��. t om` "�- ' ' '" z •z.� ix� �^ ;. u I�EX y� rf ��'��. x ,�:i'r��' rca,.* � � '�t'�' - - =r '� �� '`� �-�a �' #.��"� e�� "'{ "m� - . ''�.r,� .r �;^ a� ,� �.'� Ytf r� � "Sa�� ei�4'a..'�5ru+'� .��°:�'3�' ��''.,,,^�� —�,�� , Y , �� - �'�: �`,a€?�rt�s '` �z``�� ?�. � r -�rr� ,�t..�� ;. .s_�zc. iv=- r'�`�`'�9 >�,.. ..sa,. -.,. �s�ecK`' �7��r ;.�.;Yws,..x.u_Si,. "'3.....:�, ". ..�� -. �c�:?i?a�)c'�`g. �: ;s 'z <,��' a-€ �' ��: f ,,' ��:�?�:. �a�.�'�'.`,„i..._e �'":. .x..,.... G16 I�earing Examiner Agenda — continued from January 22, 2009 02/12/2009 G -17 Sign -In Sheet — February 12, 2009 02/12/2009 G -18 Notice of Continuance of Public Dearing and Revised IJearing 02/12/2009 Examiner Agenda G -19 I- Tearing Examiner Agenda — continued from February 12, 02/26/2009 2009 G -20 Sign -In Sheet — February 26, 2009 02/26/2009 . G -21 Notice of Bearing Examiner's Interim Decision 03/18/2009 G -21 a: Certified Mail to Applicant G -21b: Website Posting G -21c: Parties Notified G -21d: Affidavit of Mailing G22 V Notice of I�earing Examiner's Decision 04/28/2009 G22a: Certified Mail to Applicant G -22b: Website Posting G -22c: Parties Notified G -22d: Affidavit of Mailing G -23 Returned to Sender: Notice to Applicant by Certified Mail of 05/22/2009 Notice of IJearing Examiner's Decfsion G -24 Notice of Appeal 05/21/2009 ' G -24a: Parties Notified G -24b:. Affidavit of Mailing G25 Letter of Transmittal: City Council Appeal Dearing 06!12/2009 (Mailing Labels, Vicinity Map, Site Plan, E -mail) G -26 Agenda Statement: Set Date of Closed Record Appeal 06/16/2009 Ilearing CITY OF YAKIMA, PLANNING DNISION LETTER OF TRAI\TS)dIITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Debbie Moore, Yakima City Clerk, by hand delivery, the following documents: 1. .Mailing labels for I�OWARD HLJTI' (API' #003 -09); including all labels for appellant and parties of record. 2. One black and white _vicinity map. 3. One site plan. 4. I have also transmitted to Debbie Moore, Yakima City Clerk, by e -mail, an example of the notice which was mailed to the. parties of record regarding the appeal to City Council. This will supply information to be included in the City Clerk's legal notice of the City Council Appeal Hearing. Signed this 12th day of June, 2009. � � _ ��h�:�'�Jl sz R.salin• a Ibarra Planning. Technician 1 Received By: _ —� � � � �+ - Date: � ��Z�� DOC. INDEX � G' - � 5 P�.l�t��s ®f Ric ®�� - ®w��d H��t ®APP003 -0� Howard and Sherry Huit Phil Lamb Dave Myhre 1004 North 34th Avenue #7 P.O. Box 4 Charter Communication Yakima; WA 98902 Yakima, WA 98907 1005 North 16th Avenue Yakima, WA 98902 Mike Paulson Patti Cheatney Pacific Power Cascade Natural Gas Wayne Funkhouser 500 North Keys Road 701 South 1st Avenue, 1004 North 34th Avenue #1 Yakima, WA 98901 Yakima, WA 98902 �'�ima, WA 98901 Joann Pugliese Patti Dwyer 1004 North 34th Avenue #2 3107 Castlevale Road #4 Yakima, WA 98902 Yakima, WA 98902 Gary Cuillier Attorney At Law • 314 North 2 Street � �� Yakima, WA 98901 a -,� _�_� k • �� C�� ` �� DOC. INDEX � �_�5 Royale Schneider Ron Melcher Mike Antijunti Mike Shane (ode Administration Fire Dept. Engineering Division Water /Irrigation Div. Carolyn Belles Jerry Robertson Office of Neighborhood City Legal Dept. & Development Code Administration Code Administration Services Sandy Cox, Codes City Clerk. Bill Cook, CED Nathan Thompson Dir. DECISIONS DECISIONS DECISIONS • ONLY ONLY DECISIONS ONLY ONLY For the Record /File Binder Copy DECISIONS ONLY nit 44 ,. ate • ``�D H } p *003 —D i11 • • • DOC. INDEX • J \\ I i I `�/ \ \ �J `^ I I RIVER RD _ I RIVER ROAD I \\ '\ • • IC W \\ \ ` � i . ‘ \. a ,.. �� 1 �\ ,...... ,..,...\ \ . g . __, _____ x...,, \ z _ \ S \ - \. \ 1 -I ..--\ 7P2. \ \ T - - - o \ \ �. I_ I 1 ? \ - -... - I . \ \\ ' „ I 1 -- --- I Hathaway Ave ..--' [ , i MN ------..--..) •EM \ W �; e V m .. S I ( -- , , ,, , Cestlevale Ave J 1 CeStIevaIB Rd _ _ _ _ CASTIEVAIE RD y !_____ I\\\ _ I — $ Tr el I �. l 4 - N - CITY OF YAKIMA, WASHINGTON ��`(�r 11 ti o . e lUtl VICINITY MAP \s,I I y • FILE NO: APP#003 -09 APPLICANT: Howard Huit • ®O® Sub] @C t Property DOC. REQUEST: Appeal HE Decision for APP#003 -08 INDEX Yakima City Limits • rt _ 5 '� . Scale - Iin =400ft LOCATION: 1004 North 34th Ave #7 °� . 0 200 400 Huit 05/11/09 1•KA+n rowcc -Nr..n V i Chorler & - Flo:.n i„i he. P14.n 1Akter I on 4 M nTeli one,tBo� - -- ` -- - -- ` -- ioas. Esm -iv p - -, -...)1- . t ; , . a�u M`ke r ' en, P ..Line • = �� - ._ 93.0 - c'."47- Y I _ Exi.s�in / "ir �l D M 1 I ; 53.50 / l —. Se wer a „� d (. 1 . CSMT I`\ ' ' y / I 1 Z! p' I 1 1.9.31' `_ . . . . i R 1.V' -O I cj C.A6&s.' 7k+ 4e, 1 75. b 'i S �� Plot Plan ! ' ee Scale % "= z' -o" H war -d Alit too ,./ N. 31s Ave.. 41 Pwea Mo. Is13, -I' +941. - Home. d,l /50.5 3 , 4 1 F t ■k/f..U.)e... IK 13- f �,.I 2. 4 5 2 ? Doc. `ro +,1 Lot 5; 1..L S 1 1- I. a. 1,.-c INDEX 0 oevec•age. p c -I am 1 x SU Ul ay .. 1 Vl 1 Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, June 12, 2009 4:10 PM To: Moore, Debbie Cc: Ibarra, Rosalinda Subject: Example Notice - Howard Huit - APP003 -09 Attachments: Huit NOTICE OF APPEAL TO CC.doc Debbie, Attached is the legal notice which was published for the Hearing Examiner Appeal Hearing on Howard Huit (APP #003 -09). This is an example for you to use for publishing the City Council hearing which will be set on June 16, 2009 for a closed record appeal hearing on July 7, 2009. The mailing labels will be delivered to you shortly. Thanks! Rpsalinda I6arra Planning Technician ribarra @ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 DOC. INDEX -a s 6/12/2009 AFFIDAVIT' OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: APP#003-09 Howard Huit 1004 North 34th Avenue #7 • I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have dispatched through the United States Mails, a Notice of Appeal to City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to the appellant and all parties of record. That said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 21St day of May, 2009. That I mailed said notices in the manner herein set forth and that all of the state ents made herein are just and true. - f Rosalinda Ibarra Planning Specialist DOC. INDEX # 6 -a1-+1 Applicant and Parties of Record Notified for NOTICE OF APPEAL TO CITY COUNCIL dated May 21, 2009. Appellant: Howard Huit File: APP #003 -09, APP #003 -08, ADJ #029 -08 Howard & Sherry Huit Phil Lamb Charter Communications 1004 North 34 Avenue #7 P.O. Box 4 c/o Dave Myhre Yakima, WA 98902 Yakima, WA 98907 1005 North 16 Avenue Yakima, WA 98902 • • Pacific Power Cascade Natural Gas Wayne Funkhouser c/o Mike Paulson c/o Patti Cheatney 1004 North 34 Avenue #1 500 North Keys Road 701 South 1 Avenue Yakima, WA 98901 Yakima, WA 98901 Yakima, WA 98902 Joann Pugliese Patti Dwyer 1004 North 34 Avenue #2 3107 Castlevale Road #4 Yakima, WA 98902 Yakima, WA 98902 ITV - . OUSE DISTRIBUTION LIST Royale Schneider Ron Melcher - Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water/Irrigation Div. Carolyn Belles City Legal Dept. Jerry Robertson Office of Neighborhood Code Administration Code. Administration & Development Services Sandy Cox, Codes City Clerk Bill Cook, CED Dir. Nathan Thompson DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record/File Binder Copy Doug Mayo Jeff Cutter DECISIONS ONLY Engineering Division Legal Division DOC. INDEX NOTICE OF APPEAL DATE: May 21, 2009 TO: Appellant, Adverse Parties of Interest SUBJECT: Appeal of Hearing Examiner's decision to deny proposed appeal to adjust the rear yard setback standard in the R -3 zoning district at 1004 N. 34 Avenue #7, Yakima Assessor's Parcel Number: 181315 -14442 File #: UAZO Appeal #03 -09 Notice is hereby given by the Department of Community and Economic Development, that an appeal was filed on May 11, 2009, by Howard Huit (Appellant), regarding the Hearing Examiner's decision to deny a proposed adjustment of the rear yard setback standard for the R -3 zoning district. The purpose of this, notice is to provide parties of record the opportunity to review and comment upon the appeal. Persons wishing to respond to the appeal may submit written commeits within 14 days of the mailing date of this notice (June 4, 2009). Written comments shall not include the presentation of new evidence and shall be based only upon the facts presented to the Hearing Examiner (YMC § 15.16.040(B) (1)). Submit your written comments to the City of Yakima Department of Community and Economic Development, Planning Division, 129 North Second Street, Yakima, WA 98901. Copies of the Appeal, the Hearing Examiner's decision, and other materials related to this action are available upon request. For additional information, please contact Vaughn McBride, Associate Planner, at (509) 576 -6315. Upon completion of the 14 -day comment period, the City Clerk will schedule a date for this appeal hearing before the Yakima City Council. Notice of the time, date and location of this closed record public hearing will be mailed to the parties of record. Sincerely, Vaughn C. McBride Associate Planner DOC. INDEX ,, . re „,, .p,irboe,, „i,,,wv,,,%,..,;,..., . rri- - i , 1 , / ".".' • • b -'' ”- ' 0 ,, , ....y.g.h.:-_ , -,-:„. , .,,,,--....,_,- . - - -- - -, Ar „ I : Th ?,,, A1,,,,;:: , ,..„..,,,r. ' DEPARTMENT OF COIVIMUNITY & 4, --. . . ... -....br ' ' 1 I 1 11 1 a......--. ECONOMIC DEVELOPMENT IZ: iN 4014e,...4 Planning Division , k• I I i+ 4 1 N --,- : , , ,--+„ e - ' + , ..t,..-1 , ---,,"•:14- , "; : + . I I 1 ' l ",..... ++ `"L................. • 129 North Second Street , Jili ' 1• 711OMP'•;t4"1, ,,-+`-7,+1.7r; Yakima, WA 98901 7005 2570 0000 1372 0867t, !iz F 0 z..;TP.r.3LE .............L RECEIVED .\i„;) 2n4 ma !11 a..,. , ashi.,,...) MAY 2 2 2009 CITY OF YAKIMA . PLANING DIV Howard and SherrY Iklit • Avenu 1004 North 34th e#7 _., 9890Z e. -,.•,,..'..:-:-„ Yakima, Wi - - ,,!:::',,_.., r ., ' 4 ,,,,,, , !..: - ..„- — A a .- ' ' ' `...". . ,■„.•.- 1., Return Receipt Requested . . ...• , _ .. .., . . . - I II 1 "I• I... • ' c '' — Z 0 0 0 Q P 1 . So k...1..) aS •'' i ' I _ j #. 3 tl l .13 14 U,10i $S3H0, atftn .110., o SENDER COMPLETE THI "' SECTION COMPLLETErTHIS SECTION,ON DELIVERY e . ` a.a- .wa,i, 'r .s .'.i.t...e�kt Complete items 1,' 2, ai 3 „Also complete' A - Signature - „ 1 item 4 if Restricted D'fi fy is desired. 0 Agent Print your name and add c ads on the reverse A. Addressee ' s o that w can return the lard to you B. Received by (Printed Name) C. Date of Delivery al Attach this °card to back the maiipiece; or on the front .if, space; permits. • 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes j - If YES, enter delivery address below: 0 No Howard and Sherry Huit 1004 North 34th Avenue #7 Yakima, WA 98902 3.'. Service Type ;ErCertlfied Mail . 0 Express Mall'. 0 Registered 0 Return Receipt' for Merchandise f • :. ' Insured Mail 1:1 C.O.D. 4. Restricted'Deiiveryr (Extra Fee) 0 Yes • • I i 2. Article Number 7005 2570 0000 1372 0867 I (Transfer from service /91)0 ; PS Form 3811, February. 2004 Domestic's' Return Receipt 102595.02-M-1540 Z ® W �F -� M `�. , DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT te ',�� , ,'s, Planning Division r 1 $ 129 North Second Street, 2nd Floor Yakima, Washington 98901 r "PP% v 4 � �- ,�; (509) 575 -6183 • Fax (509) 575-6105 • www.ci.yakima.wa.us NOTIFICATION OF HEARING EXAMINER'S FINAL DECISION April 28, 2009 On February 26, 2009, the Yakima Hearing. Examiner conducted a public hearing to consider an Appeal #3 -08, ADM ADJ #29 -08 application submitted by Howard Huit. The applicant is appealing the Administrative Official's denial of the applicant's request for an 11 -foot adjustment of the rear yard setback standard to accommodate 352 square foot addition to a manufactured home located at 1004 North 34 Avenue #7 in the R -3, Multi- Family Residential zoning district. On February 26, 2009 the Hearing Examiner rendered an interim decision requesting additional information from the City of Yakima Attorney, Planning Division and Engineering '• ivision staff within ten business days of the Hearing Examiner's interim decision, dated March 12, 2009. Following receipt of the requested additional information the Hearing Examiner rendered a decision, dated. April 23, 2009. Enclosed is a copy of the Hearing Examiner's findings and final decision. Any part of the Hearing Examiner's decision may be appealed. Such appeal shall be filed within fourteen (14) days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division. The appeal fee of $505.00 must accompany the appeal application. For further information or assistance you may contact Vaughn McBride, Associate Planner, at (509) 576 -6315 at the City Planning Division. br Planning Manager Date of mailing: April 28, 2009 Enclosure: Hearing Examiner's Decision DOC. Yakima CERTIFIED rte: INDEX '` *' 7005 2570 0000 1372 0867 # e- a 3 T 1" 1994 REOFIVED APP 1 202 CITY Y OF YAKitvii► City of Yak a, Washington Pc.ANidlVC, Heari E . i,,i3 terns Decisio' April 23, 2009 the Matter of an Appeal" of a I en* .1 ) Of an Ad ,i' inistrative Adjustnne ► t ) Submitted by: ) Appeal #3 -08 ) ADM A iI = J #29 -08 Howard d nit ) ) To Adjust the 5 -Foot i'' ear Yard ) Setback Standard ii the R -3 Zoning ) District to 4 Feet n ► order to Allow ) An Addition to a Manufactured ) Home at 11004 North 34 Aven e, #7 ) Introdu ction. The Hearing Examiner convened an open record public hearing on January 22, 2009, which was continued on the record at the Appellant's request first to February 11, 2009, and again to February 26, 2009. The evidence presented at the hearing on February 26, 2009, may be summarized as follows: (1) The staff report presented by Associate Planner Vaughn McBride recommended affirming the Findings and Final Decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008. That decision denied Appellant's application for an Administrative Adjustment of the 15 -foot rear setback standard in the R-3 zone to 4 feet so as to allow a kitchen addition in the rear yard of Appellant's manufactured home. (2) The Appellant's attorney, Philip Lamb, testified as to the reasons why the denial of the Administrative Adjustment should be overturned as explained in his Howard Huit: Appeal of Denial of 1 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ. #29 -08 DOC. INDEX • -a3 9ECE VED .APR 2, 5 2009 CITY OF YMMiM. PLANNING 0!V. Memorandum in the record dated February 25, 2009, and called Sandy Cox, a Plans Examiner for the City of Yakima Code Administration Division, to testify as to the history of her meetings and discussions with him and Mr. Huit about code enforcement issues that were summarized in his Memorandum. (3) Yakima City Attorney Jeff Cutter testified that Mr. Huit lmew he needed an Administrative Adjustment of the rear setback as of December 7, 2004, when Alice Klein indicated in an e-mail to him how far the structure was from the property line and discussed with him the possibility of setback problems. He also testified as to several related issues and as to why the Administrative Adjustment application should be denied on its own merits under the criteria for an Administrative Adjustment because it is not consistent with the City's zoning ordinance. (4) A resident in Appellant's manufactured home park, Wayne Funkhouser, testified in accordance with his two letters in the record that the Appellant's application should be denied because it would be unfair to residents who follow the rules to reward the Appellant for his flagrant disregard of them. (5) The Examiner issued an interim decision within ten business days of the February 26, 2009, public hearing in order to request additional information before reaching a final decision. The interim decision dated March 12, 2009, requested answers to five questions from the City and the Appellant within ten business days, and allowed responses to the answers to be submitted within ten business days thereafter by April 9, • 2009. Mr. McBride submitted answers to the questions by means of a 3 -page Memo dated March 23, 2009. Mr. Lamb submitted answers to the questions by means of a 3- page Memorandum dated March 31, 2009. Mr. McBride submitted a response by means of a 2 -page Memo dated April 6, 2009. Those three submittals will be admitted into the record as additional exhibits. (6) This decision has been issued within ten business days after the record was closed on April 9, 2009, per the timeline prescribed by the interim decision. Sul'', !nr ary- of ,, Iecision. The Hearing Examiner affirms ;the decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, and denies this appeal of said decision. • • Howard Huit: Appeal of Denial of 2 Rear Yard Setback Adjustment 1004 North 34'" Avenue #7 APPEAL #3 -08; ADM ADJ #29-08 DOC. INDEX 1.1 PR 2 3 2009 ail' OF YAKIMA PLANNING DIV. ::asis for Decision. Based upon the Hearing Examiner's views of the site with no one else present on January 20, 2009, and April 21, 2009; his consideration of the staff report, exhibits, written comments, testimony and other evidence presented at the open record public hearing on February 26, 2009; his consideration of the submittals dated March 23, March 31 and April 6, 2009, prior to closure of the record on April 9, 2009; and his consideration of the applicable zoning ordinance provisions of the Yakima Municipal Code; the Hearing Examiner, based on the weight of credible evidence, which was in large part undisputed evidence, makes the following: FIND r GS (1) The Appellant is Howard Huit, 1004 North 34 . Avenue. #7, Yakima, Washington 98902. (2) The Appellant's representative is Philip Lamb of Lamb Legal, 311 North 3rd Street, P.O. Box 4, Yakima, Washington 98907. (3) The owner of the property where the Administrative Adjustment is requested is Appellant Howard Huit. (4) The location of the property where the Administrative Adjustment is requested is Appellant Howard Huit's residence. It is Assessor's tax parcel number 181315 - 14442. (5) The zoning of the Appellant's property and all the adjacent properties is Multi- Family Residential (R -3). A manufactured home and detached garage are located on the Appellant's property. Manufactured homes are located on all the adjacent properties except for the multi- family complex north of the Appellant's property. (6) This matter comes before the Examiner as an appeal from a decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, denying an Administrative Adjustment for a stick -built addition to a manufactured home that has already been built Howard Huit: Appeal of Denial of 3 Rear Yard Setback Adjustment 1004 North 34 Avenue 47 APPEAL #3 -08; ADM ADJ 1129 - 08 DOC. INDEX f VED . \PR 2; 3 2009 CITY OF YAKIkiti PLAWNI■G DIV. 4 feet from the rear property line so that it is 11 feet into the 15- foot -wide rear setback area and 6 feet into the platted 10- foot -wide utility easement area between Appellant's residence and north property line. The request for an 11 -foot adjustment of the 15 -foot rear setback requirement is a request for a 73% reduction of the rear setback requirement. (7) The 10- foot -wide utility easement was established along the rear boundaries of the properties within the plat of Chesterly Park Addition by means of recording the plat on August 31, 1983. The plat of Chesterly Park Addition was annexed into the City of Yakima on January 1, 1991. There are presently no utilities within the easement. Utilities are within a parallel easement abutting the north boundary of the properties owned by the Appellant and his neighbors. (8) The purpose of the requested Administrative Adjustment of the rear setback requirement is to accommodate an existing 352- square -foot stick built kitchen addition to Appellant's manufactured home residence. He constructed the exterior of the structure without proper review and permitting. The reason he gives for proceeding without any requisite permits is that he became confused and/or frustrated by the fact that the Department of Labor & Industries would have permit authority over the .alterations to his manufactured home and the City would have permit authority over the stick -built portion of his addition. The interior of the addition is not completed. (9) A Notice of Noncompliance was initially issued by the Code Administration & Planning Manager on November 17, 2004, regarding the lack of permits for the addition to the manufactured home. (10) A Notice of Noncompliance regarding noted violations was issued on June 1, 2006, which requested that resolution to the outstanding code violations occur no later than October 3, 2007. (11) On April 30, 2007, at a public meeting in the manufactured home park located within the Chesterly Park Addition subdivision, property owners were informed of existing violations on their property. All property owners in attendance were given a written statement of the violations on their property, and asked to contact the City of Yakima within 30 days to voice their intentions with regard to the individual violations on their respective properties. (12) On November 28, 2007, in a letter from City Attorney Jeff Cutter, the Appellant was advised that "no construction activity is to occur on your illegal addition until the issues surrounding this matter have been resolved with the City of Yakima and a Howard Huit: Appeal of Denial of 4 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 Doc. Y INDEX 6 �3 - RECEPtiFD 4P P. i 2009 OF YAKikif; PI AfglNIMP building permit issued." (13) After Appellant engaged Mr. Lamb's services, Mr. Lamb had several meetings with various individuals in an attempt to resolve the code compliance issues. In a meeting with Doug Maples, then Code Enforcement Officer Royale Schneider, Plans Examiner Sandy Cox, Mr. Huit and Mr. Lamb, the issues necessary to resolve the matter were reviewed. At that point it appeared that Labor & Industry review of the structural connection to the manufactured home would be required, as well as a building permit from the City as to the stick -built addition. (14) Mr. Huit obtained stamped plans from the manufactured home manufacturer, and submitted building plans for the stick -built portion of the addition to the City for review. In the course of that review, it was discovered that the addition encroaches on a utility easement on the north (rear) of the lot. Ms. Schneider, Ms. Cox, Mr. Huit and Mr. Lamb met and discussed resolving that issue. Mr. Lamb had discovered an identical parallel unrecorded easement on the north side of the rear property line. That so- called Butler easement had been created when Dr. Butler developed the property to the north for senior housing. The City had relied upon that easement for utilities when approving the Butler project. Mr. Lamb recorded the easement in April of 2008. In the second meeting, there was discussion about how to deal with the encroachment issue, by either vacating the Huit easement or some other method. The persons in attendance settled on waiver letters from the various utility providers. At that time, the waiver mechanism was allowed by Section 15.05.020(D) of the Yakima Municipal Code (YMC), which until the October 2008 zoning ordinance amendments allowed encroachments on non - access easements if permission was obtained from the easement grantees. (15) Mr. Lamb drafted waiver letters for signature by the various utility providers, and reviewed the wording with Ms. Cox. Mr. Huit then obtained signatures from representatives of Charter Communications, Pacific Power and Cascade Natural Gas in June of 2008. Mr. Huit provided the original waiver letters to Mr. Lamb, and copies of those three waiver letters are in the record. The waiver letters state that those utilities are not presently using the utility easement over the Appellant's property and do not intend to use it in the future. (16) The City of Yakima Engineering Division was not willing to sign a waiver letter. Nor were waiver letters obtained from other utility entities which provide utility services within the City and which could potentially be considered easement grantees. (17) The Appellant's property was again inspected by Code Compliance staff on Howard Huit: Appeal of Denial of 5 Rear Yard Setback Adjustment 1004 North 34` Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX Cif OF YA1t:1:, Tl{ r ', May 16, 2008, and on June 25, 2008. His violations included the construction of an addition to the manufactured home without required building permits contrary to the provisions of Chapter 11.04 of the YMC, and the construction of an addition to the manufactured home within the public utility easement contrary to the provisions of Chapter 15.05 of the YMC. The Appellant was ordered to remove the addition to the manufactured home on or before August 6, 2008. (18) The City of Yakima Department of Community and Economic Development received this application for an Administrative Adjustment on August 25, 2008. It was denied on October 22, 2008. This appeal was filed on October 31, 2008, within the 14- day appeal period. No issue has been made of the fact that the appeal fee was not received until January 2, 2009. (19) When Ms. Cox received the decision denying the rear setback adjustment, she discontinued her review of the Appellant's building plans which were in need of numerous clarifications and corrections. (20) The Butler easement currently contains the only utilities along the north boundary of Mr. Huit's property and presently is more accessible for future utility installation because it presently is used for a parking lot rather than for the fences and accessory structures that presently encroach on the utility easement south of the Butler easement. (21) The other encroachments over the utility easement south. of the Butler easement are more temporary and are smaller than the Appellant's permanent stick -built kitchen addition encroachment. His addition is 22 feet wide and extends 16 feet into the rear yard from his manufactured home. It is a total of 352 square feet. The other existing encroachments are smaller accessory patio covers, carports, storage structures and the like that could be removed much more easily than the Appellant's addition if the easement were ever needed. (22) The other encroachments have been reviewed by the City Legal Department, and staff is working with property owners to resolve significant issues of concern. Even if none of the other existing encroachments on the easement are removed, the Appellant's encroachment is much larger and more permanent than other nearby encroachments on the easement and will likely prevent backhoes or other trenching equipment from installing utilities in the easement if circumstances should ever change in the future to require use of that easement instead of or in addition to the Butler easement. Howard Huit: Appeal of Denial of 6 - Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 - DOC. INDEX ! 6- �3 Pi UtJVE APR 2 3 ? nu CITY OF Ykr 2� ;,AJtina,r �,1; (23) The Acting Zoning Administrator's decision dated October 22, 2008, contains the following conclusions: "6. Location of addition is contrary to the provisions of UAZO Chapter 15.05 which prohibits the building or location on or in an easement without written permission from City of Yakima." "12. City Engineering Division does not encourage building in any easement and will not grant a variation for building in an easement. (24) In response to the Examiner's question in his interim decision as to whether the City Engineering Division has changed its position as to granting permission for the Appellant's encroachment on the utility easement since the decision - of Acting Zoning Administrator Bruce Benson was issued, Mr. McBride submitted the following answer from City Engineer Doug Mayo dated March 19, 2009: "The issue in question is that one parcel in a multi- parcel development requests the adjustment of a rear yard setback. This adjustment would severely infringe on a utility easement that crosses and is for the benefit for all parcels along the north edge of this development. The utility easement was established for the benefit • of all adjacent parcels to be available for utilities now or at any future time. To accept this request would deny this and all adjacent parcels this ability into the future. City Engineering supports the denial of this request." (25) The current version of Subsection 15.05.020(D) of the YMC in effect since October 2008 simply provides that "No structure shall be built or located on or in an easement" But the Appellant's August 25, 2008, application for an Administrative Adjustment is grandfathered or vested to the prior version of Subsection 15.05.020(D) of the YMC which stated that ` No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee" (26) Vacation is only required for access easements under both versions of Subsection 15.05.020(D) of the YMC which provide that "The use of an access easement by a structure shall only be allowed upon vacation/alteration of the easement in accordance with provisions established in the Yakima county /city subdivision Howard Huit: Appeal of Denial of 7 Rear Yard Setback Adjustment 1004 North 34 Avenue #'7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX E'CEIVED APR 3 2009 Of YAKJMi. P;fAINI E O!'i. ordinance." Even though vacation/alteration of an easement is not required for use of a utility easement, the clear purpose of Subsection 15.05.020(D) of the YMC relative to utility easements is to require that written permission from all potential users of utility easements must be obtained before encroachments can be allowed on utility easements. (27) The City of Yakima is one of the potential users of this utility easement. The City's Engineering Division was not willing to grant permission for Mr. Huit's encroachment when the Acting Zoning Administrator's decision denying his application for an Administrative Adjustment that would necessarily allow that encroachment was issued. The City's Engineering Division is still not willing to grant permission for Mr. Huit's encroachment and continues to oppose his request for an Administrative Adjustment that would allow that encroachment. In addition, according to the testimony at the hearing, letter_ waivers would also be required from other potential users of the utility easement besides the City of Yakima before the encroachment could be allowed by way of an Administrative Adjustment or otherwise. (28) At the hearing Mr. Lamb questioned the Examiner's jurisdiction to consider the presence or absence of permission to encroach on utility easements because if the addition were simply a Class (1) use, it would be dealt with by the City's Code Administration Division. He also suggested conditioning the Administrative Adjustment on obtaining the requisite permission from utilities. (29) Mr. Huit's encroachment is not simply a Class (1) use. Because of its location, it requires an Administrative Adjustment of the 15 -foot rear setback requirement. The Zoning Administrator and Hearing Examiner must be able to find that the requested Administrative Adjustment is consistent with the purpose of the zoning ordinance, Title 15. Section 15.10.020 provides that "A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title." (30) The requested Administrative Adjustment would permit an encroachment on a utility easement that is not allowed in this situation under Title 15, specifically Subsection 15.05.020(D) of the YMC, because written permission of potential easement users has not been provided and likely 'cannot be provided within ' a reasonable time. Since the City has steadfastly declined to grant permission for the encroachment since this application was filed last August, there would be no purpose in approving Appellant's request subject to a condition that would be impossible for him to satisfy within a reasonable time. One of the requisite criterion for an Administrative Adjustment Howard Huit: Appeal of Denial of . 8 Rear Yard Setback Adjustment 1004 North 34 Avenue in APPEAL #3 -08; ADM ADJ #29 -08 Doc. . INDEX 6 a3 Ec - tvEn .APR 2. 5 2009 CITY OF YAiiiW;a, PLANNING DIV. is lacking. The requested adjustment which would allow Mr. Huit's structure to encroach upon 6 feet of the 10- foot -wide utility easement without the permission required by Subsection 15.05.020(D) of the YMC would not be consistent with the purpose of that requirement of Title 15. (31) Mr. Lamb has argued that the City Engineer's refusal to provide the requisite written permission for the encroachment on the utility easement is an arbitrary and capricious abuse of discretion because of the fact that this manufactured home subdivision is fully served by City water and sewer which is provided to the front of the residences in or near the access roads; the fact that the north side of the subdivision where this easement is located is adjacent to a senior living facility developed by Dr. Lloyd Butler and his associates; the fact that the senior living facility immediately adjacent to the Huit lot is fully developed, is served by all utilities and has a parallel utility easement immediately north of the subdivision easement; the fact that there is presently no need for the subdivision easement; and the fact that waiver letters have been obtained from the three entities which presently have utilities in the easement over the Butler property. (32) The Examiner is unaware of any obligation on the part of the City or any other provider of utility services to grant written permission to allow encroachments upon utility easements. If there is no obligation to allow encroachments upon utility easements, it would not be arbitrary and capricious to refuse to do so, especially here where the encroachment would be by a large and permanent structure over more than half of the width of the 10- foot -wide easement. The encroachment would only leave 4 feet of easement width remaining, and would likely prevent future installation of any utilities of any type at any time in the future. Without a crystal ball, the City Engineer cannot predict what the future might hold for that area even though there is presently no known need to use the utility easement. The City Engineer is an expert with regard to utilities. He knows better than the Examiner or the Zoning Administrator whether it is prudent to relinquish or jeopardize for all future generations the right of owners of parcels in that area to use that easement in the future if ever the need should arise. (33) Mr. Lamb requests that the criteria for an Administrative Adjustment be addressed in addition to the encroachment permission. issue. For the reasons previously stated, the Examiner views the encroachment permission issue to be one of the criteria for an Administrative Adjustment in this situation because allowing the requested adjustment would here allow an encroachment upon an easement without the requisite permission. The Applicant has failed to establish that the requested Administrative Adjustment would Howard Huit: Appeal of Denial of 9 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29-08 • DOC. INDEX ! 6-d3 APR y, 3 2000 CITY OF YAI IMA PLANNING DIV. satisfy the first criterion for an Administrative Adjustment that it be consistent with the purpose of Title 15, specifically Subsection 15.05.020(D) of Title 15 of the YMC. (34) Insofar as Mr.. Lamb's request may be considered a request to also address the other criteria for an Administrative Adjustment, those criteria do not necessarily include "compatibility with the neighborhood." Mr. Lamb argues that Mr. Huit's kitchen addition in the back yard of his residence is compatible with the neighborhood because of the fact that no one, neither adjacent homeowners nor owners of the Butler development to the north, submitted comments suggesting a lack of compatibility; the fact that access for fire protection purposes would be through the Appellant's north fence from the Butler paved parking lot; and the fact that medical emergency access would be from the front of the lot. Even though the Examiner views "compatibility with the neighborhood" to be a criterion more for Class (2) or Class (3) uses than for Administrative Adjustments, it should be noted that evidence was submitted for this record to the effect that the Appellant's addition is not considered to be compatible with the neighborhood by those employed by the City who have been trying to remedy code violations in this subdivision since 2004 and who are still working with property owners to resolve significant issues of concern in Mr. Huit's neighborhood. The more successful they will be in that regard, the more incompatible Mr. Huit's code violation will become. But even now, Mr. Huit's encroachment into the back yard area of his residence is greater and more permanent than any of his neighbors' encroachments into their back yard areas. (35) The specific applicable criteria for an Administrative Adjustment referenced in Section 15:10.020 of the YMC other than consistency with the purpose of Title 15 are consistency with the intent and purpose of the standards and accomplishment of the objective either to "Coordinate development with adjacent land uses and the physical features" or "Permit flexibility in the design and placement of structures and other site improvements." None of the other objectives that would justify an Administrative Adjustment -- solar access, zero lot line or common wall construction, . or development consistent with a specific subarea plan -- have any relevance to this application. (36) The intent and purpose of rear setback standards in residential districts, according to Subsection 15.05.020(D) of the YMC, is "to provide privacy, light, air and emergency access." Reducing the required 15 -foot rear setback to 4 feet is a substantial reduction, a 73% reduction, in the rear yard area of the Appellant's back yard for his . residence. It is a reduction that leaves only 4 feet between his kitchen addition and his back yard fence. •Insofar as Mr. Huit may place little or no value upon privacy, light, air Howard Huit: Appeal of Denial of 10 Rear Yard Setback Adjustment 1004 North 34' Avenue #7 APPEAL #3 -08; ADM ADJ #29 - 08 DOC. INDEX # C - • RECEIVED APR 2, 3 2009 CITY OF ¥AKiivii► PLANNING DIN. and emergency access, he may be personally satisfied with the negative impact of his addition upon those desirable features of a residence. Even if that is the case, the size and location of the Appellant's addition is inconsistent with the intent and purpose of the applicable rear yard standard here which is to assure that residences have at least 15 feet rather than only 4 feet of open space m their back yards for those enumerated purposes. (37) The requirement that an Administrative Adjustment accomplish the objective to "Coordinate development with adjacent land uses and the physical features" does not apply here. Mr. Huit's addition was not constructed to coordinate with any adjacent uses or physical features. His addition is unique to his lot and is not similar, complementary or otherwise related to any uses or physical features on any other property in any way. (38) The requirement that an Administrative Adjustment accomplish the objective to "Permit flexibility in the design and placement of structures and other site improvements" cannot alone justify the requested adjustment. In the broad sense, allowing exceptions to height, lot coverage, setback and other standards does permit flexibility in the design and placement of structures and other site improvements. But an Administrative Adjustment cannot be utilized to permit flexibility in the design and placement of structures and other site improvements unless the first two criteria already discussed are satisfied. They are not satisfied here due to the encroachment upon a utility easement that would be allowed by the adjustment contrary to the purpose of Title 15 and due to the extent of the adjustment requested which is not consistent with the intent and the purpose of the rear setback standard in residential districts. CONCLUSIONS Based on the foregoing Findings, the Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction under Section 15.16.030 of the YMC to affirm or reverse, in whole or in part, or modify an order, requirement, decision or determination that has been appealed, and to that end shall have all the powers of the officer from whom the appeal is taken. (2) The Appellant's requested Administrative Adjustment does not satisfy the Howard Huit: Appeal of Denial of 11 Rear Yard Setback Adjustment 1004 North 34` Avenue #7 APPEAL #3-08; ADM ADJ #29-08 .:. _ DOC. INDEX 8 6 'ECE VE APR 2, 5 200 CITY OF Ykklivo, Pl nit; necessary criteria for approval set forth in Section 15.10.020 of the YMC because it is not consistent with the purpose of at least one specific provision of Title 15 requiring permission to encroach upon utility easements and because it is not consistent with the intent and purpose of the rear yard setback standard in a residential district. (3) This decision shall be final and conclusive on all parties unless appealed to the Yakima City Council in the manner required by Section 15.16.040 of the YMC. EC1SION Based upon the foregoing Findings and Conclusions, the decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, denying the Appellant's application for an Administrative Adjustment of the rear yard setback standard in the Multi- Family Residential (R-3) zoning district is AFFLIIRME 1. and the Appellant's appeal therefrom is DENIM It . 11)ATIED this 23r day of April, 2009. . Gary M. Cmilier, Hearing Examiner Howard Huit: Appeal of Denial of 12 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3-08; ADM ADJ #29 -08 DOC. INDEX 6 - �3 AFFIDAVTI' OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: APP #003 -08, ADJ #029 -08 Howard Huit 1004 North 34th Avenue #7 I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Decision. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 28th day of April; 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. , ° 'aK OO ) /lbll J Rosalinda Ibarra Planning Specialist DOC. INDEX # G -a?d Applicant and Parties of Record Notified for NOTIFICATION OF HEARING EXAMINER'S DECISION dated April 28, 2009. Appellant: Howard Huit File: APP#003 -08, ADJ #029 -08 CERTIFIED MAIL: 7005 2570 0000 1372 0867 Howard & Sherry Huit Phil Lamb Charter Communications 1004 North 34 Avenue #7 P.O. Box 4 c/o Dave Myhre Yakima, WA 98902 Y akima, WA 98907 1005 North 16 Avenue Yakima, WA 98902 Pacific Power Cascade Natural Gas Wayne Funkhouser c/o Mike Paulson c/o Patti Cheatney 1004 North 34 Avenue #1 500 North Keys Road 701 South 1 Avenue Yakima, WA 98901 Yakima, WA 98901 Yakima, WA 98902 Joann Pugliese Patti Dwyer 1004 North 34 Avenue #2 3107 Castlevale Road #4 Yakima, WA 98902 Yakima, WA 98902 IN -II•USE DISTRIBUTION LIST • Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water/Irrigation Div. Carolyn Belles City Legal Dept. Jerry Robertson Office of Neighborhood Code Administration Code Administration & Development Services Sandy Cox, Codes City Clerk Bill Cook, CED Dir. Nathan Thompson DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record /File Binder Copy Doug Mayo Jeff Cutter DECISIONS ONLY Engineering Division Legal Division DOC. INDEX # -aa rage 1 01 1 Ibarra, Rosalinda From: Ibarra, Rosalinda • Sent: Tuesday, April 28, 2009 8:06 AM To: Brackney, Rosanne Cc: Klein, Alice; McBride, Vaughn; Ibarra, Rosalinda Subject: 04-28-09 Website Posting: Hearing Examiner Decisions - Foursquare Church and Huit Appeal Attachments: HECity HuitAAAppFin.doc; HECity YakValMemHospFoursquare3.doc Rosanne, please post the attached decisions to: http//www.ci.yakima.wa.usfservicesiplanning/hearingexaminer.asp under Decisions. Thanks! psafirufa I6arra Planning Specialist ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 DOC. INDEX 6/15/2009 i-S`POStta!I Se1V:)CCTM t R a CERTI' IEDRM 1L :A RE E,IwP D m' $ Onlyu o lnsu rancce Coverage sraided For `tleiivery�nformationyisit, bs�te""a"t�ww usps�com� ru m - rq Postage $ O Certified Fee 0 Postmark Retum Receipt Fee Here (Endorsement Required) O Restricted nt Require e r- (Endorsement Requre) fal V'I ° o Howard & Sherry Huit r` -8 1 004 North 34 Avenue #7 O e Yakima, WA 98902 rinstructions DOC. INDEX • RECEIVED Gary M. Cuillier APR 3 2009 ATTORNEY AT LAW CITY OF YAKIIVIA PLANNING DIV. 314 N. SECOND STREET YAKIMA, WASHINGTON 98901 (509) 575-1800 FAX: (509) 452 -4601 April 23, 2009 Yakima City Planning Division Attn: Rosalinda 129 North Second Street Yakima, WA 98901 Re: Hearing Examiner's Decisions Yakima Valley Memorial Hospital, Yakima Spanish Foursquare Church, CL (3) #003 -09; Howard Huit Administrative Adjustment Appeal, Appeal 3 -08 Dear Rosalinda: Enclosed are the Hearing Examiner's Decisions regarding the above - entitled matters. The hearing for the first matter was held on February 26, 2009, and was continued to April 9, 2009. The hearing on the second matter was held on February 26, 2009, and the record was kept open for additional information until April 9, 2009. These decisions have been issued within ten business days of April 9. If you have any questions, please give me a call. Very truly yours, et.. GARY M. CUILLIER GMC: bvv Enclosure cc: Vicki Adams, Yakima County Planning Department, w/ Enclosure Pat Spurgin, City of Yakima Pro Tem Hearing Examiner, w/ Enclosure DOC. INDEX # -a P. NOTIFICATION OF HEARING EXAMINER'S FINAL DECISION April 28, 2009 On February 26, 2009, the Yakima Hearing Examiner conducted a public hearing to consider an Appeal #3 -08, ADM ADJ #29 -08 application submitted by Howard Huit. The applicant is appealing the Administrative Official's denial of the applicant's request for an 11 -foot adjustment of the rear yard setback standard to accommodate a 352 square foot addition to a manufactured home located at 1004 North 34 Avenue #7 in the R-3, Multi- Family Residential zoning district. On February 26, 2009 the Hearing Examiner rendered an interim decision requesting additional information from the City of Yakima Attorney, Planning Division and Engineering Division staff within ten business days of the Hearing Examiner's interim decision, dated March 12, 2009. Following receipt of the requested additional information the Hearing Examiner rendered a decision, dated April 23, 2009. Enclosed is a copy of the Hearing Examiner's findings and final decision. Any part of the Hearing Examiner's decision may be appealed. Such appeal shall be filed within fourteen (14) days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division. The appeal fee of $505.00 must accompany the appeal application. For further information or assistance you may contact Vaughn McBride, Associate Planner, at (509) 576 -6315 at the City Planning Division. g o . . ;T" b - Planning Manager Date of mailing: April 28, 2009 Enclosure: Hearing Examiner's Decision DOC. INDEX C� -avZ RECE E "AHP 1 3 2009 s;! I v OF YAK! vi!► City of Yakima, Washington PLANNING DIV. Heari i,g Examiner's Decision April 23, 2009 the Matter of an Appeal of a Denial ) Of a Adi,l:inistrative Adjus jlie I t ) Submitted by: ) • Appeal #3 -08 ) ADM AWE #29 -08 Howard Huit ) ) To Adjust the 15 -Foot Rear Yard ) Setback Standard in the R -3 Zoning ) District to 4 Feet it order to Allow ) An Addition to a Manufactured ) Ho �, a at 1004 North 34 Avenue, #7 : ) 11 troduction. The Hearing Examiner convened an open record public hearing on January 22, 2009, which was continued on the record at the Appellant's request first to February 11, 2009, and again to February 26, 2009. The evidence presented at the hearing on February 26, 2009, may be summarized as follows: (1) The staff report presented by Associate Planner Vaughn . McBride recommended affirming the Findings and Final Decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008. That decision denied Appellant's application for an Administrative Adjustment of the 15 -foot rear , setback standard in the R -3 zone to 4 feet so as to allow a kitchen addition in the rear yard of Appellant's manufactured home. (2) The Appellant's attorney, Philip Lamb, testified as to the reasons why the denial of the Administrative Adjustment should be overturned as explained in his Howard Huit: Appeal of Denial of 1 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM AD.' #29 -08 DOC. INDEX # G- as r iECEVED OR C I. 5 . ZOOS i Y OF YAKiikti, PLANNING DIV. Memorandum in the record dated February 25, 2009, and called Sandy Cox, a Plans Examiner for the City of Yakima Code Administration Division, to testify as to the history of her meetings and discussions with him and Mr. Huit about code enforcement issues that were summarized in his Memorandum. (3) Yakima City Attorney Jeff Cutterr testified that Mr. Huit knew he needed an Administrative Adjustment of the rear setback as of December 7, 2004, when Alice Klein indicated in an e-mail to him how far the structure was from the property line and discussed with him the possibility of setback problems. He also testified as to several related issues and as to why the Administrative Adjustment application should be denied on its own merits under the criteria for an Administrative Adjustment because it is not consistent with the City's zoning ordinance. (4) A resident in Appellant's manufactured home park, Wayne Funkhouser, testified in accordance with his two letters in the record that the Appellant's application should be denied because it would be unfair to residents who follow the rules to reward the Appellant for his flagrant disregard of them. (5) The Examiner issued an interim decision within ten business days of the February 26, 2009, public hearing in order to request additional information before reaching a fmal decision. The interim decision dated - March 12, 2009, requested answers to five questions from the City and the Appellant within ten business days, and allowed responses to the answers to be submitted within ten business days thereafter by April 9, 2009. Mr. McBride submitted answers to the questions by means of a 3 -page Memo dated March 23, 2009. Mr. Lamb submitted answers to the questions by means of a 3- page Memorandum dated March 31, 2009. Mr. McBride submitted a response by means of a 2 -page Memo dated April 6, 2009. Those three submittals will be admitted into the record as additional exhibits. (6) This decision has been issued within ten business days after the record was closed on April 9, 2009, per the timeline prescribed by the interim decision. Sum II ary of Decision. The Hearing Examiner affirms the decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, and denies this appeal of said decision. Howard Huit: Appeal of Denial of 2 Rear Yard Setback Adjustment 1004 North 34' Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX RECEIVED APR f6 3 2000 if Y OF YiktO M,, PLANNING OIV. Basis for Decision. Based upon the Hearing Examiner's views of the site with no one else present on January 20, 2009, and April 21, 2009; his consideration of the staff report, exhibits, written comments, testimony and other evidence presented at the open record public hearing on February 26, 2009; his consideration of the submittals dated March 23, March 31 and April 6, 2009, prior to closure of the record on April 9, 2009; and his consideration of the applicable zoning ordinance provisions of the Yakima Municipal Code; the Hearing Examiner, based on the weight of credible evidence, which was in large part undisputed evidence, makes the following: FINDINGS (1) The Appellant is Howard Huit, 1004 North 34 Avenue. #7, Yakima, Washington 98902. (2) The Appellant's representative is Philip Lamb of Lamb Legal, 311 North 3 Street, P.O. Box 4, Yakima, Washington 98907. (3) The owner of the property where the Administrative Adjustment is requested is Appellant Howard Huit. (4) The location of the property where the Administrative Adjustment is requested is Appellant Howard Huit's residence. It is Assessor's tax parcel number 181315- 14442. (5) The zoning of the Appellant's property and all the adjacent properties is Multi- Family Residential (R -3). A manufactured home and detached garage are located on the Appellant's property. Manufactured homes are located on all the adjacent properties except for the multi - family complex north of the Appellant's property. (6) This matter comes before the Examiner as an appeal from a decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, denying an Administrative Adjustment for a stick -built addition to a manufactured home that has already been built Howard Huit: Appeal of Denial of 3 Rear Yard Setback Adjustment 1004 North 34 th Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX 6 -aa 'RECEIVED APR 3 2009 CITY OF YAK:itriii PLANNING OIV. 4 feet from the rear property line so that it is 11 feet into the 15- foot -wide rear setback area and 6 feet into the platted 10- foot -wide utility easement area between Appellant's residence and north property line. The request for an 11 -foot adjustment of the 15 -foot rear setback requirement is a request for a 73% reduction of the rear setback requirement. (7) The 10- foot -wide utility easement was established along the rear boundaries of the properties within the plat of Chesterly Park Addition by means of recording the plat on August 31, 1983. The plat of Chesterly Park Addition was annexed into the City of Yakima on January 1, 1991. There are presently no utilities within the easement. Utilities are within a parallel easement abutting the north boundary of the properties owned by the Appellant and his neighbors. (8) The purpose of the requested Administrative Adjustment of the rear setback requirement is to accommodate an existing 352- square -foot stick -built kitchen addition to Appellant's manufactured home residence. He constructed the exterior of the structure without proper review and permitting. The reason.he gives for proceeding without any requisite permits is that he became confused and/or frustrated by the fact that the Department of Labor & Industries would have permit authority over the alterations to his manufactured home and the City would have permit authority over the stick -built portion of his addition. The interior of the addition is not completed. • (9) A Notice of Noncompliance was initially issued by the Code Administration & Planning Manager on November 17, 2004, regarding the lack of permits for the addition to the manufactured home. (10) A Notice of Noncompliance regarding noted violations was issued on June 1, 2006, which requested -that resolution to the outstanding code violations occur no later than October 3, 2007. (11) On April 30, 2007, at a public meeting in the manufactured home park located within the Chesterly Park Addition subdivision, property owners were informed of existing violations on their property. All property owners in attendance were given a written statement of the violations on their property, and asked to contact the City of Yakima within 30 days to voice their intentions with regard to the individual violations on their respective properties. (12) On November 28, 2007, in a letter from City Attorney Jeff Cutter, the Appellant was advised that "no construction activity is to occur on your illegal addition until the issues surrounding this matter have been resolved with the City of Yakima and a Howard Huit Appeal of Denial of 4 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC- IND . # -aa 'RECEIVED PR 2009 ;, 1 J �:rtltta Pr AM: °n 9ft v }� building permit issued." (13) After Appellant engaged Mr. Lamb's services, Mr. Lamb had several meetings with various individuals in an attempt to resolve the code compliance issues. In a meeting with Doug Maples, then Code Enforcement Officer Royale Schneider, Plans Examiner Sandy Cox, Mr. Huit and Mr. Lamb, the issues necessary to resolve the matter were reviewed. At that point it appeared that Labor & Industry review of the structural connection to the manufactured home would be required, as well as a building permit from the City as to the stick -built addition. (14) Mr. Huit obtained stamped plans from the manufactured home manufacturer, and submitted building plans for the stick -built portion of the addition to the City for review. In the course of that review, it was discovered that the addition encroaches on a. utility easement on the north (rear) of the lot. Ms. Schneider, Ms. Cox, Mr. Huit and Mr. Lamb met and discussed resolving that issue. Mr. Lamb had discovered an identical parallel unrecorded easement on the north side of the rear property line. That so- called Butler easement had been created when Dr. Butler developed the property to the north for senior housing. The City had relied upon that easement for utilities when approving the Butler project. Mr. Lamb recorded the easement in April of 2008. In the second meeting, there was discussion about how to deal with the encroachment issue, by either vacating the Huit easement or some other method. The persons in attendance settled on waiver letters from the various utility providers. At that time, the waiver mechanism was allowed by Section 15.05.020(D) of the Yakima Municipal Code (YMC), which until the October 2008 zoning ordinance amendments allowed encroachments on non - access easements if permission was obtained from the easement grantees. (15) Mr. Lamb drafted waiver letters for signature by the various utility providers, and reviewed the wording with Ms. Cox. Mr. Huit then obtained signatures from representatives of Charter Communications, Pacific Power and Cascade Natural Gas in June of 2008. Mr. Huit provided the original waiver letters to Mr. Lamb, and copies of those three waiver letters are in the record. The waiver letters state that those utilities are not presently using the utility easement over the Appellant's property and do not intend to use it in the future. (16) The City of Yakima Engineering Division was not willing to sign a waiver letter. Nor were waiver letters obtained from other utility entities which provide utility services within the City and which could potentially be considered easement grantees. (17) The Appellant's property was again inspected by Code Compliance staff on Howard Huit: Appeal of Denial of 5 Rear Yard Setback Adjustment 1004 North 34` Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX ! 6 - �a ,APR 4 200c CITY OF YRK ICI; May 16, 2008, and on June 25, 2008. His violations included the construction of an addition to the manufactured home without required building permits contrary to the provisions of Chapter 11.04 of the YMC, and the construction of an addition to the manufactured home within the public utility easement contrary to the provisions of Chapter 15.05 of the YMC. The Appellant was ordered to remove the addition to the manufactured home on or before August 6, 2008. (18) The City of Yakima Department of Community and Economic Development received this application for an Administrative Adjustment on August 25, 2008. It was denied on October 22, 2008. This appeal was filed on October 31, 2008, within the 14- day appeal period. No issue has been made of the fact that the appeal fee was not received until January 2, 2009. (19) When Ms. Cox received the decision denying the rear setback adjustment, she discontinued her review of the Appellant's . building plans which were in need of numerous clarifications and corrections. (20) The Butler easement currently contains the only utilities along the north boundary of Mr. Huit's property and presently is more accessible for future utility installation because it presently is used for a parking lot rather than for the fences and accessory structures that presently encroach on the utility easement south of the Butler easement. (21) The other encroachments over the utility easement south of the Butler easement are more temporary and are smaller than the Appellant's permanent stick -built kitchen addition encroachment. His addition is 22 feet wide and extends 16 feet into the rear yard from his manufactured home. It is a total of 352 square feet. The other existing encroachments are smaller accessory patio covers, carports, storage structures and the like that could be removed much more easily than the Appellant's addition if the easement were ever needed. (22) The other encroachments have been reviewed by the City Legal Department, and staff is working with property owners to resolve significant issues of concern. Even if none of the other existing encroachments on the easement are removed, the Appellant's encroachment is much larger and more permanent than other nearby encroachments on the easement and will likely prevent backhoes or other trenching equipment from installing utilities in the easement if circumstances should ever change in the future to require use of that easement instead of or in addition to the Butler easement. Howard Huit: Appeal of Denial of 6 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX # 6 -aa RECEIVFr 4PR 2 2 2r,t_iu wi rr OF Ykhf:,:, (23) The Acting Zoning Administrator's decision dated October 22, 2008, contains the following conclusions: "6. Location of addition is contrary to the provisions of UAZO Chapter 15.05 which prohibits the building or location on or in an easement without written permission from City of Yakima." "12. City Engineering Division does not encourage building in any easement and will not grant a variation for building in an easement." (24) In response to the Examiner's question in his interim decision as to whether the City Engineering Division has changed its position as to granting permission for the Appellant's encroachment on the utility easement since the decision of Acting Zoning Administrator Bruce Benson was issued, Mr. McBride submitted the following answer from City Engineer Doug Mayo dated March 19, 2009: "The issue in question is that one parcel in a multi - parcel development requests the adjustment of a rear yard setback. This adjustment would severely infringe on a utility easement that crosses and is for the benefit for all parcels along the north edge of this development. The utility easement was established for the benefit of all adjacent parcels to be available for utilities now or at any future time. To accept this request would deny this and all adjacent parcels this ability into the future. City Engineering supports the denial of this request." (25) The current version of Subsection 15.05.020(D) of the YMC in effect since October 2008 simply provides that "No structure shall be built or located on or in an easement." But the Appellant's August 25, 2008, application for an Administrative Adjustment is grandfathered or vested to the prior version of Subsection 15.05.020(D) of the YMC which stated that "No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee." (26) Vacation is only required for access easements under both versions of Subsection 15.05.020(D) of the YMC which provide that "The use of an access easement by a structure shall only be allowed upon vacation/alteration of the easement in accordance with provisions established in the Yakima county /city subdivision Howard Huit: Appeal of Denial of 7 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3-08; ADM ADJ #29-08 DOC. INDEX R CEiVED APR ,k 1 2009 CiT' OF YAKiivt, PG ON. ordinance." Even though vacation/alteration of an easement is not required for use of a utility easement, the clear purpose of Subsection 15.05.020(D) of the YMC relative to utility easements is to require that written permission from all potential users of utility easements must be obtained before encroachments can be allowed on utility easements. (27) The City of Yakima is one of the potential users of this utility easement. The City's Engineering. Division was not willing to grant permission for Mr. Huit's encroachment when the Acting Zoning Administrator's decision denying his application for an Administrative Adjustment that would necessarily allow that encroachment was issued. The City's Engineering Division is still not willing to grant permission for Mr. Huit's encroachment and continues to oppose his request for an Administrative Adjustment that would allow that encroachment. In addition, according to the testimony at the hearing, letter waivers would also be required from other potential users of the utility easement besides the City of Yakima before the encroachment could be allowed by way of an Administrative Adjustment or otherwise. (28) At the hearing Mr. Lamb questioned the Examiner's jurisdiction to consider the presence or absence of permission to encroach on utility easements because if the addition were simply a Class (1) use, it would be dealt with by the City's Code . Administration Division. He also suggested conditioning the Administrative Adjustment on obtaining the requisite permission from utilities. (29) Mr. Huit's encroachment is not . simply a Class (1) use. Because of its location, it requires an Administrative Adjustment of the 15 -foot rear setback requirement. The Zoning Administrator and Hearing Examiner must be able to find that the requested Administrative Adjustment is consistent with the purpose of the zoning ordinance, Title 15. Section 15.10.020 provides that "A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title." (30) The requested Administrative Adjustment would permit an encroachment on a utility easement that is not allowed in this situation under Title 15, specifically Subsection 15.05.020(D) of the YMC, because written permission of potential easement users has not been provided and likely cannot be provided within a reasonable time. Since the City has steadfastly declined to grant permission for the encroachment since this application' was filed last August, there would be no purpose in approving Appellant's request subject to a condition that would be impossible for him to satisfy within a reasonable time. One of the requisite criterion for an Administrative Adjustment Howard Huit: Appeal of Denial of 8 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29-08 Doc. INDEX * 6 - a a- RECEIVED APR 232009 CITY OF VAKihilh PLANNING DIV. is lacking. The requested adjustment which would allow Mr. Huit's structure to encroach upon 6 feet of the 10- foot -wide utility easement without the permission required by Subsection 15.05.020(D) of the YMC would not be consistent with the purpose of that requirement of Title 15. (31) Mr. Lamb has argued that the City Engineer's refusal to provide the requisite written permission for the encroachment on the utility easement is an arbitrary and capricious abuse of discretion because of the fact that this manufactured home subdivision is fully served by City water and sewer which is provided to the front of the residences in or near the access roads; the fact that the north side of the subdivision where this easement is located is adjacent to a senior living facility developed by Dr. Lloyd Butler and his associates; the fact that the senior living facility immediately adjacent to the Huit lot is fully developed, is served by all utilities and has a parallel utility easement immediately north of the subdivision easement; the fact that there is presently no need for the subdivision easement; and the fact that waiver letters have been obtained from the three entities which presently have utilities in the easement over the Butler property. (32) The Examiner is unaware of any obligation on the part of the City or any other provider of utility services to grant written permission to allow encroachments upon utility easements. If there is no obligation to allow encroachments upon utility easements, it would not be arbitrary and capricious to refuse to do so, especially here where the encroachment would be by a large and permanent structure over more than half of the width of the 10- foot -wide easement. The encroachment would only leave 4 feet of easement width remaining, and would likely prevent future installation of any utilities of any type at any time in the future. Without . a crystal ball, the City Engineer cannot predict what the future might hold for that area even though there is presently no known need to use the utility easement. The City Engineer is an expert with regard to utilities. He knows better than the Examiner or the Zoning Administrator whether it is prudent to relinquish or jeopardize for all future generations the right of owners of parcels in that area to use that easement in the future if ever the need should arise. (33) Mr. Lamb requests that the criteria for an Administrative Adjustment be addressed in addition to the encroachment permission issue. For the reasons previously stated, the Examiner views the encroachment permission issue to be one of the criteria for an Administrative Adjustment in this situation because allowing the requested adjustment would here allow an encroachment upon an easement without the requisite permission. The Applicant has failed to establish that the requested Administrative Adjustment would Howard Huit: Appeal of Denial of 9 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29-08 DOC. INDEX & - a • APR G32009 CITY OF YAKI A PLANNING DIV. satisfy the first criterion for an Administrative Adjustment that it be consistent with the purpose of Title 15, specifically Subsection 15.05.020(D) of Title 15 of the YMC. (34) Insofar as Mr. Lamb's request may be considered a request to also address the other criteria for an Administrative Adjustment, those criteria do not necessarily include "compatibility with the neighborhood." Mr. Lamb argues that Mr. Huit's kitchen addition in the back yard of his residence is compatible with the neighborhood because of the fact that no one, neither adjacent homeowners nor owners of the Butler development to the north, submitted comments suggesting a lack of compatibility; the fact that access for fire protection purposes would be through the Appellant's north fence from the Butler paved parking lot; and the fact that medical emergency access would be from the front of the lot. Even though the Examiner views "compatibility with the neighborhood" to be a criterion more for Class (2) or Class (3) uses than for Administrative Adjustments, it should be noted that evidence was submitted for this record to the effect that the Appellant's addition is not considered to be compatible with the neighborhood by those employed by the City who have been trying to remedy code violations in this subdivision since 2004 and who are still working with property owners to resolve significant issues of concern in Mr. Huit's neighborhood. The more successful they will be in that regard, the more incompatible Mr. Huit's code violation will become. But even now, Mr. Huit's encroachment into the back yard area of his residence is greater and more permanent than any of his neighbors' encroachments into their back yard areas. (35) The specific applicable criteria for an Administrative Adjustment referenced • in Section 15.10.020 of the YMC other than consistency with the purpose of Title 15 are consistency with the intent and purpose of the standards and accomplishment of the objective either to "Coordinate development with adjacent land uses and the physical features" or "Permit flexibility in the design and placement of structures and other site improvements." None : of the other objectives that would justify an Administrative Adjustment -- solar access, zero lot line or common wall construction, or development consistent with a specific subarea plan -- have any relevance to this application. (36) The intent and purpose of rear setback standards in residential districts, according to Subsection 15.05.020(D) of the YMC, is "to provide privacy, light, air and emergency access." Reducing the required 15 -foot rear setback to 4 feet is a substantial reduction, a 73% reduction, in the rear yard area of the Appellant's back yard for his residence. It is a reduction that leaves only 4 feet between his kitchen addition and his back yard fence. Insofar as Mr. Huit may place little or no value upon privacy, light, air Howard Huit: Appeal of Denial of 10 Rear Yard Setback Adjustment 1004 North 34` Avenue ##7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX RECEIVED APR 232009 CITY OF YAKliviA PLANNING DIV. and emergency access, he may be personally satisfied with the negative impact of his addition upon those desirable features of a residence. Even if that is the case, the size and location of the Appellant's addition is inconsistent with the intent and purpose of the applicable rear yard standard here which is to assure that residences have at least 15 feet rather than only 4 feet of open space in their back yards for those enumerated purposes. (37) The requirement that an Administrative Adjustment accomplish the objective to "Coordinate development with adjacent land uses and the physical features" does not apply here. Mr. Huit's addition was not constructed to coordinate with any adjacent uses or physical features. His addition is unique to his lot and is not similar, complementary or otherwise related to any uses or physical features on any other property in any way. (38) The requirement that an Administrative Adjustment accomplish the objective to "Permit flexibility in the .design and placement of structures and other site improvements" cannot alone justify the requested adjustment. In the broad sense, allowing exceptions to height, lot coverage, setback and other standards does permit flexibility in the design and placement of structures and other site improvements. But an Administrative Adjustment cannot be utilized to permit flexibility in the design and placement of structures and other site improvements unless the first two criteria already discussed are satisfied. They are not satisfied here due to the encroachment upon a utility easement that would be allowed by the adjustment contrary to the purpose of Title 15 and due to the extent of the adjustment requested which is not consistent with the intent and the purpose of the rear setback standard in residential districts. CONCLUSFIII NS Based on the foregoing Findings, the Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction under Section 15.16.030 of the YMC to affirm or reverse, in whole or in part, or modify an order, requirement, decision or determination that has been appealed, and to that end shall have all the powers of the officer from whom the appeal is taken. (2) The Appellant's requested Administrative Adjustment does not satisfy the Howard Huit: Appeal of Denial of 11 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3-08; ADM ADJ #29 -08 DOC. INDEX RECEIVED APR w5 2009 CITY OF YAKI&ii. PLANNING 41 DI . necessary criteria for approval set forth in Section 15.10.020 of the YMC because it is not consistent with the purpose of at least one specific provision of Title 15 requiring permission to encroach upon utility easements and because it is not consistent with the intent and purpose of the rear yard setback standard in a residential district. (3) This decision shall be final and conclusive on ali parties unless appealed to the Yakima City Council in the manner required by Section 15.16.040 of the YMC. l ECfSION Based upon the foregoing Findings and Conclusions, the decision of Acting Zoning Administrator Bruce Benson dated October 22, 2008, denying the. Appellant's application for an Administrative - Adjustment of the rear yard setback standard in the Multi - Family Residential (R -3) zoning district is AFFIRMED and the Appellant's appeal therefrom is DENIED. J'ATED this 23r day of April, 2009. (1.1.4.2L1_ Gary M. Cuaiiier, '.earing Examiner Howard Huit: Appeal of Denial of 12 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3-08; ADM ADJ #29 -08 Doc. INDEX # 6 - AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: APP #003 -08, ADJ #029 -08 Howard Huit 1004 North 34th Avenue #7 I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Interim Decision. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 18th day of March, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. LJ.oGA /') (' ' Rosalinda Ibarra Planning Specialist UOL INDEX 6 - a /q/ Applicant and Parties of Record Notified for NOTIFICATION OF HEARING EXAMINER'S INTERIM DECISION dated March 18, 2009. - Appellant: Howard Huit File: � #003 -08, ADJ #029 -08 - ^ IFIED MAIL: 7006 0100 0002 9592 6193 Howard & Sherry Huit Phil Lamb Charter Communications 1004 North 34 Avenue #7 P.O. Box 4 c/o Dave Myhre Yakima, WA 98902 Yakima, WA 98907 1005 North 16 Avenue Yakima, WA 98902 • Pacific Power Cascade Natural Gas Wayne Funkhouser c/o Mike Paulson c/o Patti Cheatney 1004 North 34"' Avenue #1 500 North Keys Road 701 South 1 Avenue Yakima, WA 98901 Yakima, WA 98901 Yakima, WA 98902 Joann Pugliese Patti Dwyer 1004 North 34 Avenue #2 3107 Castlevale Road #4 Yakima, WA 98902 Yakima, WA 98902 IN-HI USE DISTRIBUTION LIST Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water /Irrigation Div. Carolyn Belles Jerry Robertson Office of Neighborhood Code Administration City Legal Dept. Code Administration & Development Services Sandy Cox, Codes City Clerk Bill Cook, CED Dir. Nathan Thompson DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record /File Binder Copy Doug Mayo • Jeff Cutter DECISIONS ONLY Engineering Division Legal Division DOC. INDEX # plc 1 KSV 1 V 1 1 Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Wednesday, March 18, 2009 10:32 AM To: Brackney, Rosanne Subject: 03 -18 -09 Website Posting: Hearing Examiner Interim Decision - Howard Huit - APP003 -08 Attachments: HECity HuitAAApp.doc Rosanne, please post to: http; / /www.ci,yaki na.wa.us/ services /plann ngfhear ngexa niner.asp Linder DECISIONS. Thanks! Rosaanda Marra • Planning Specialist • ribarra @ci.yakkima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 • • • • DOC. INDEX # 6 -lb 3/18/2009 L INTSEll' : ' , C 17 ' -' 0 4 41 , 14421 - 434 . 5 - 6 - W .44-2 4 4- 7 e 1 8A qt.114-2 - --7-vt 1,41. TA, 2,4 • 1.W. le Complete items 1, 2, and 3. Also complete UT meal item 4 if Restricted Delivery is desired. gpile eAra • Agent IS Print your name and address on the reverse • Addressee so that we can return the card to you. B. Received by ( printed Name) C. of Delivery CM Attach this card to the back of the mailpiece, 3 t? or on the front if space permits. vma,re D. Is delivery Jr.: 1? 0 es 1. Article Addressed to: If YES, enter delivery address below: 0 No MAR 2 0 2009 Howard & Sherry Huit CITY OF YAKIMA 1004 North 34' Avenue #7 PLANK WV. Yakima, WA 98902 , Service Type A Certified mail 13 Bcpress Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7006 0100 0002 9592 6193 (Transfer from service lab PS Form 3811, February 2004 Domestic Retum Receipt 102595 V - : 4 - -- --7 , 3"efiartat ' "r•z:0*..- ft:irk? ,- m ORIMIRILEDO/Irgelti,,,,,REIGEERWNS11 koo •-p ziorwomoilm-rzEitcragii-6-AsorexirwitAgingsam • ru ri" tr t, U Er Postage $ ru Certified Fee D D Retum Receipt Fee Postmark 1=1 (Endorsement Required) Here Restricted Delivery Fee D (Endorsement Required) - Sif Tote Howard & Sherry Huit a r - -61- 1004 North 34 Avenue #7 or P( City,' Yakima, WA 98902 SrUcions gM'aA.12451 DOC. INDEX • RECEIVED Gary M. Cuillier MAR 1 2 2009 ATTORNEY AT LAW CITY OF YAKIMA 314 N. SECOND STREET PLANNING OW YAKIMA, WASHINGTON 98901 (509) 575 -1800 FAX: (509) 452 -4601 March 12, 2009 Yakima City Planning Division Attn: Rosalinda 129 North Second Street Yakima, WA 98901 Re: Hearing Examiner's Interim Decision Howard Huit, Appeal #3 -08, ADM ADJ #29 -08 Dear Rosalinda: Enclosed is the Hearing Examiner's Interim Decision regarding the above - entitled matter. The hearing was held on January 22, 2009, which was continued on the record at the Appellant's request first to February 11, 2009 and again to February 26, 2009 and this interim decision has been issued within ten business days of that hearing. If you have any questions, please give me a call. Very truly yours, GARY M. CUILLIER GMC: bvv Enclosure cc: Vicki Adams, Yakima County Planning Department, w/ Enclosure Pat Spurgin, City of Yakima Pro Tem Hearing Examiner, w/ EnclosurDOC INDEX #6 - NOTIFICATION OF HEARING EXAMINER'S INTERIM DECISION March 18, 2009 On February 26, 2009, the Yakima Hearing Examiner conducted a public hearing to consider an Appeal #3 -08, ADM ADJ #29 -08 application submitted by Howard Huit. The applicant is appealing the Administrative Official's denial of the applicant's request for an 11 -foot adjustment of the rear yard setback standard to _ accommodate a 352 _square foot addition to a manufactured home -located at 1004 North 34 Avenue in the R -3, Multi- Family Residential zoning district. On March 12, 2009 the Hearing Examiner rendered an interim decision requesting additional information from the City of Yakima Attorney, Planning Division and Engineering Division staff. The information requested is due to the Hearing Examiner by March 30, 2009. Enclosed is a copy of the Hearing Examiner's findings and interim decision. Any part of the Hearing Examiner's decision may be appealed. Such appeal shall be filed within fourteen (14) days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division. The appeal fee of $505.00 must accompany the appeal application. For further information or assistance you may contact Vaughn McBride, Associate Planner, at (509) 576 -6315 at the. City. Planning Division. J ./ ' Jo f Davenport Planning Manager Date of mailing: March 18, 2009 Enclosure: Hearing Examiner's Interim Decision DOC. INDEX # 6 -al MAR 1 2 2009 City of Yakima, Washington PLAN IN PLANNING Exa. E iner's F, teri Deeisio; March 12, 2009 hi" the Matter of at Appeal of a al-enial ) Of a I Ad n inistrative Adjust I I t ) S omitted by: ) Appeal #3 -08 ) ADM ADJ #29 -08 Howard Huit ) ) To Adjust the 15-Foot ;' ear Yard ) Setback Staidard in the R -3 Zoi i g ) District to 4 Feet i I order to Allow ) An Addition to al Existing Mobile ) Ho;ice at 1004 North 34 Ave' ue, #7 ) tr'oduction. The Hearing Examiner convened an open record public hearing on January 22, 2009, which was continued on the record at the Appellant's request first to February 11, 2009, and again to February 26, 2009. The evidence presented at the hearing on February 26, 2009, may be summarized as follows: (1) The staff report presented . by Associate Planner Vaughn McBride recommended affirming the Findings and Final Decision of Zoning Administrator Bruce Benson dated October 22, 2008. That decision denied Appellant's application for an Administrative Adjustment of the 15 -foot rear setback standard in the R -3 zone to 4 feet so as to allow a kitchen addition in the rear yard of Appellant's mobile home. (2) The Appellant's attorney, Philip Lamb, testified as to the reasons why the denial of the Administrative Adjustment should be overturned as explained in his Interim Decision: Howard Huit 1 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3-08; ADM ADJ #29-08 DOC. INDEX MAR 1 2 2009 CITY OF YAKii . . p Nf4ING JIv. Memorandum in the record dated February 25, 2009, and called Sandy Cox, a Plans Examiner for the City of Yakima Code Administration Division, to verify the accuracy of the statements in his Memorandum. (3) Yakima City Attorney Jeff Cutter testified as to related issues and as to why the Administrative Adjustment application should be denied on its own merits under the criteria for an Administrative Adjustment because it is not consistent with the City's zoning ordinance. (4) A resident in Appellant's mobile home park, Wayne Funkhouser, testified in accordance with his two letters in the record that the Appellant's application should be denied because it would be unfair to residents who follow the rules to reward the Appellant for his flagrant disregard of them. (5) This interim decision has been issued within ten business days of the February 26, 2009, public hearing. Ii , tern m Decision. The Examiner requests additional information from Mr. Cutter and/or Mr. McBride for the City Planning. Division and Mr. Lamb for the Appellant before issuance of a decision regarding this Appeal for the following reasons: (1) The Zoning Administrator's decision dated October 22, 2008, contains the following conclusions: "6. Location of addition is contrary to the provisions of UAZO Chapter 15.05 which prohibits the building or location on or in an easement without written permission from City of Yakima." "12. City Engineering Division does not encourage building in any ease- ment and will not grant a variation for building in an easement." (2) Mt. Lamb stated at the hearing that he does not think that the Examiner necessarily has jurisdiction to consider the presence or absence of permission to encroach on utility easements because if it were a Class (1) use, it would be dealt with by the City's Code Administration Division. He also suggested conditioning the Administrative Adjustment on obtaining the requisite permission from utilities. Interim Decision: Howard Huit 2 Rear Yard Setback Adjustment 1004 North 3e Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX # 6 - • MAR 1 2 2009 CITY OF YAKlioi.; PLANNING DIV (3) Upon reflection, the Examiner would agree with Mr. Lamb's position if this matter only required Class (1) review. However, because the matter must also come before the Zoning Administrator and now the Hearing Examiner to determine whether the criteria for an Administrative Adjustment have been satisfied, the Zoning Administrator or Hearing Examiner must be able to find that the encroachment has been permitted by potential users of the easement. Section 15.10.020 of the Urban Area Zoning Ordinance (UAZO) states that "A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title." (4) The Appellant is grandfathered or vested to Subsection 15.05.020(D) of the UAZO which states that "No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee." While vacation is only required for access easements, the clear purpose of the UAZO is to require that written permission from all potential users of utility easements must be . obtained before encroachments can be allowed on the easements. The City of Yakima is one of the potential users of this utility easement. (5) If the City's permission has not been granted and if approval of an Administrative Adjustment were to be conditioned as Mr. Lamb suggests, the Examiner would be inclined to allow at most two weeks for that permission to be obtained from the City Engineering Division. That is an internal decision that could quickly be made unless it is still true that the "City Engineering Division does not encourage building in any easement and will not grant a variation for building in an easement." If that Conclusion No. 12 in the Zoning Administrator's decision is still the case, the Examiner will not be able to find that the condition precedent to granting an Administrative Adjustment, consistency with the purpose of the zoning ordinance, is satisfied. For that reason alone, the Examiner will be inclined to affirm the Zoning Administrator's decision without further analysis of the additional criteria. • (6) If the City Engineering Division has changed its position, then it is necessary to also know what other utilities need to grant permission and if any more time should be granted for that purpose. (7) If the previous two requirements for a finding of consistency with the zoning ordinance can be satisfied, the Examiner would proceed to a consideration of the other requirements for an. Administrative Adjustment. Rectifying a Code violation is not listed as one of the grounds for approving an Administrative Adjustment. Compatibility with Interim Decision: Howard Huit 3 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 D ®C. INDEX G- al ViAR 12 2009 CITY OF YAKtw: PLANNING DIV. the neighborhood is a criteria for consideration of Class (2) and Class (3) uses. Here an Administrative Adjustment would require an affirmative showing that the adjustment would be consistent with the intent and purpose of the standard and that either Subsection 15.10.020(3) or (4) of the UAZO applies. The Zoning Administrator's decision, Mr. McBride's staff report and Mr. Lamb's Memorandum only state general conclusions. Specific reasons why they are not satisfied or are satisfied here would be of assistance to the Examiner in addressing those final criteria for granting an Administrative Adjustment if the permission from all potential utility users is forthcoming. (8) The Examiner requests that Mr.. Cutter and/or Mr. McBride for the City Planning Division and Mr. Lamb for the Appellant submit a letter to the Examiner within ten business days after this decision, unless more time is needed, stating the respective position of each on the following questions: (a) Has the City Engineering Division changed its position as to granting permission for Appellant's encroachment on the utility easement since the Zoning Administrator's decision was issued? (b) If so, has permission been given or will it soon be given? (c) If the City's permission has been given or will soon be given, what other utilities need to give their permission and how long would this matter have to be continued to allow the requirements of Subsection 15.05.020(D) of the UAZO to be satisfied? (d) If the requisite permission from all potential utilities needed to satisfy the purpose of Subsection 15.05.020(D) can be obtained within specific reasonable timeframes set forth in answer to the preceding questions, what specific reasons are there for concluding that the intent and purpose of the rear setback requirement are here either lacking or satisfied? (e) If the requisite permission from all potential utilities needed to satisfy the purpose of Subsection 15.05.020(D) can be obtained within specific reasonable timeframes set forth in answer to the preceding questions, what specific reasons are there for concluding that the coordination and flexibility criteria in Subsections 15.10.020(3) and (4) are either lacking or satisfied? Interim Decision: Howard Huit 4 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX # 6 - MAR 12 2009 CCIfY OF YHi ■i4;1, PLANNING DIV (9) Within ten more business days after the deadline for submittal of the first letters, Mr. Cutter and/or Mr. McBride and Mr. Lamb may, if they wish, submit a second letter to the Examiner addressing points in the other person's letter. (10) Copies of the letters need to be provided to the other person when they are provided to the Examiner. (11) The Examiner will issue his final decision in this matter within ten business days after the time to submit the second letter has passed unless there is still ambiguity in the record on these issues that requires clarification by reopening the hearing. (12) Since the original action on this matter was on November 17, 2004, this additional time needed to clarify the record before issuance of a final decision will constitute a comparatively short delay. FATED this 12 day of March, 2009. 4t,„ Gary Imo. Cuillier, : earing Examiner Interim Decision: Howard Huit 5 Rear Yard Setback Adjustment 1004 North 34 Avenue #7 APPEAL #3 -08; ADM ADJ #29 -08 DOC. INDEX 3 EARING SIGN -IN SHE_ A' CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: Thursday February 26, 2009 A. APP #003 -08 Howard Huit 1004 North 34 Avenue #7 B. CL3 #003 -09 Yakima Valley Memorial Hospital/ 1705 West Chestnut Avenue TCO #003 -09 Yakima Spanish. Foursquare Church PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A or B. , : ,k „� , ^s z= J , `} a ., i ce' 1 t E” a t - r- 1 ri'l t" *" .x :.ate.. r a- » �„ _ :s .. r �. s �+ -- � � � - �'s�J � 3� 4.,..J'�.�'�c �`�m.!� C . ) 11 A D. -t D r qg �7G, ! r (ce,, << ago iti. a , 2 , 1 1 - - 4 ,t N t s _ "(F , 62 . C Rw " ne54 3&1 I ca aA s�. 91; 90 2= ea i e 4 ` ( S v u . 0 nul_ 7 ei'0* 11/ ,,,,b s,,,, ,,05 „1. cv,e5 / ' iAe____ S4 f ist_ IA 'llb5 E (2- Ci/ti ' , -i i ! . e1 ' p ,1 AE., f 0 �I I - /' I ) 1 1.- << 78 i7? p.j \&G \ , - 7,9, - - Vi IQ-- � D R-S cCOz • e ta lf\- cA .� I � � �. z 2' g90" e--- v LC!_ „,„_ , 't r) ; r ; g ,�- R4ZA i 62110 & - �' v6 . fi / > J t . _ S // F 'Lie. 9gW Z . / ... _...., i I. - , 4 a 00 q 4 .3 ' 9 e 9 1 O IF , i f . fA�� 944°90 o 31(5) c ..- K.. � - ` 85 b2 DOC. INDEX Page 1 HEARING SIGN -IN SHEA, n CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: Thursday February 26, 2009 taTar A. APP #003 -08 Howard Huit 1004 North 34` Avenue #7 B. CL3 #003 -09 Yakima Valley Memorial Hospital/ 1705 West Chestnut Avenue TCO #003 -09 Yakima Spanish Foursquare Church PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A or B. �tx� r'a } � � r� � "� two x � "ids � ' iez45 � �: , a_ ' r.tt. :'',. 5 A x5 -22° .S gg i MO) 5 - 4A. ( Ali 6 414, (1, .3.I 1 S . - 1 141' 414 1q1 Loj.& c�. r7 r 151 G4:4 , gl5Q -(W lea - y QL 50 >03E+ a I IZo ( 49 . / C A, 1 . .= B 4._ , ii,.) 2 03 (,(- qcdcut& q &qoz f3 (to a9/c it) T,t_kery\cp._ 9e9c) , c j er DOC. Page 1 INDEX DEPARTMF "T OF COMMUNITY AND ECONOMIC T "VELOPMENT II ,��,, Planning Division ` `, - 45 129 North Second Street, 2nd Floor Yakima, Washington 98 t'g a f * * 0 % (509) 575 -6183. Fax (509) 575 -6105 e www.ci.yakima.wa.us /'113 1 $ 4 1'`�� FOR T ECORD / FILE CITY OF YAKIMA i EA i ING EXAMINER AGENDA Thursday February 26, 2009 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS (Continued from 02/12/09...) A. HOWARD HUIT (10/31/08) APPEAL #3 -08 Planner: Vaughn McBride Address: 1004 North 34th Avenue #7 Request: Appeal administrative decision for UAZO ADM ADJ #29 -08. B. FOURSQUARE CHURCH /(01/12/09) CL3 #003 -09 MEMORIAL HOSPITAL TCO #003 -09 Planner: Alice Klein Address: 1705 West Chestnut Avenue Request: Establish a day care center in the ground floor of the church. • IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. Yakima r t . . *I 1 INDEX � I �' 1994 HOWARD HUIT APP #003 -08 NO PACKET AVAILA' - THIS EART L IS A CONTINUATION FROM PE':} I' VARY 12, 2009. DOC. INDEX I 9 I rI 1 APT /Cia.. DP' C. VO - A/ 1 1 Sx-« � A ma i � _______ P ,!. r ei- ga_evio &Kt. IL -- ., erox7.-.1 A, .5 ---:-..,..s,-...._ ._,-,...- . , , • 3d e. . ,_.. — 1 11 4.6 ' T-- ,' 1 -' ,, - , i■I\ .A. I , :1)01 -ail+ qua& f-! / O P Am.. -fi,,a,.42._ .4.4e...„6.....a.. Cl-o.4s.g.5.4..LIE,r ee-i C.:9#* , ites.a. 4,1{1 4141_ O ill 511712.42.1 4:F -- , -1 Ate...4ot ro t 1 __ 4 j am. - - , ; ai =.„f , 0 / r a 4- '-- ° 1p ON A — �®df!) , !d ®tee.% 'r d I j —,. ..,,, ,.„ epe.- -ii-t........_ r-,....,,,,,eck. 0 11 IJ LC ° 1 14404 7 8 ii 1 _Ai - 1 j FEB 1 2 2009 , CITY OF YAKIMA { PLANNING DIY. I DOC # � _1; i y DEPARTM' 'TT OF COMMUNITY AND ECONOMIC ^WELOPMENT 1 ` 1.41 Planning Division r J7 1 1 z 129 North Second Street, 2nd Floor Yakima, Washington 98901 i r ,j (509) 575 -6183 ® Fax (509) 575 -6105 a www.ci.yaa.wa.us FOR THE a � It � : T - kim RECORD / FILE r` REVISED 1 11 �, t � CITY OF YAIUMA HEARING EXAMINER AGENDA Thursday February 12, 2009 Yakima City Hall Council Chambers Beginning at 9:00 a.m. L CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. HOWARD HUIT (10/31/08) APPEAL #3 -08 Planner: Vaughn McBride Address: 1004 North 34 Avenue #7 Request: Appeal administrative decision for UAZO ADM ADJ #29 -08.: ° . THIS HEARING WILL BE CONTINUED ON 02/26/09 AT 9:00 A.M. B. BORTON & CASTLECREEK LLC (12/24/08) APP #005 -08 - Planner: Kevin Futrell Address: Vicinity of West Nob Hill Blvd and South 48 Avenue Request:. Appeal decision to Hearing Examiner for File PSP #011 -08.. THIS HEARING HAS BEEN POSTPONED TO 1:00 P.M. TODAY (02/12/09). IV. • ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. Yakima INDEX , I p o 1 # - I II 1994 HEARING `ly SIGN-K Y Si :J Y CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: Thursday February 12, 2009 • CASE FILE # APPLICANT SITE .ADDRESS A. Appeal #003 -08 Howard Huit 1004 North 34 Avenue #7 B. Appeal #005 -08 Borton and Castlecreek LLC / Vicinity of West Nob Hill Blvd & Almon Family Investments South 48"' Avenue C. CL3 #014 -08, Vicinity of West Mead Avenue & CAO #011 -08, West Valley School District South 75` Avenue EC #048 -08 PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A, B, or C. CASE NAME _ ADDRESS 4 4E>u 3 c A 4 9bb 4 A). Aue. A 7 7 co 2, _ C /vJC " ( J )sOI s.73fo /4iJ( G � �o P4 Rlept./ Ihq V9GZ 2 1e ' R04. `70 G P ! ! / l am' Ci 0Z 8 fillawes 0,4 — 405 tiucaL.,3 6 10q 1 DOC. Page 1 INDEX # G -I .,,� DEPARTMr TT OF COMMUNITYAND ECONOMIC 'FVELOPMENT i �� r R „ y � % Planning Division � ' , 129 North Second Street, 2nd Floor Yakima, Washington 98901 ' . Ei (509) 575 -6183 o Fax (509) 575 -6105 o www.ci.yakima.wa.us Vi Aik `jS FOR THE -- CITY OF YAKIMA RECORD / FILE HEARING EXAMINER AGENDA Thursday February 12, 2009 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING (Continued from 01/22/09...) HOWARD HUIT (10/31/08) APPEAL #3 -08 Planner: Vaughn McBride Address: 1004 North 34 "h Avenue #7 Request: Appeal administrative decision for UAZO ADM ADJ #29 -08. B. BORTON ,& CASTLECREEK LLC (12/24/08) APP #005 -08.. :... _.K.. Planner: Kevin Futrell Address: Vicinity of West Nob Hill Blvd and South 48th Avenue Request: Appeal decision to Hearing Examiner for File PSP #011 -08. C. WEST VALLEY SCHOOL DISTRICT (8/19/08) UAZO CL(3) #14 -08 Planner: Joseph Calhoun EC #48 -08 Address: Vicinity of West Mead Ave and South 75 "' Ave. CAO #11 -08 Request: School athletic facility improvements. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. 1 DOC. Yakima INDEX a,`* 6 - 11 1994 HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: Thursday January 22, 2009 • F1151&#;`: APPLICANT. .> SITE ADDRESS ....'. A. REZONE #7 -08 Terry Morton 904 East Central Avenue EC #61 -08 B. CL(3) #16 -08 Yakima MSA Limited Parntership SW corner of East "S" Street and _ EC #58 -08 US Cellular North 5"' Street C. Alt/Non Conf #4 -08 Ricardo Corona 1018 South 8' Avenue D. Appeal #3 -08 Howard Huit 1004 North 34"' Avenue #7 PLEASE W `'' ' TE LEGS I LY! Please indicate which proposal you are interested in: A, B, C, or D. CASE NAM i/L L ») %/D LI . 2= i tit 99 *0 / g D q v , !} 14, / i 2 ' - ( i323j Uouein ,en-t- l i t 22O ficyvaID 'S3g35 D ®C. INDEX Page 1 - DEPAKT ME"'i' OF COMMUNITY AND ECONOMIC P °VELOPMENT 12:: 7 , „ Planning Division 41,11 ' ? ; 129 North Second Street, 2nd Floor Yakima $� , Washington 98901 %'�� (509) 575 -6183 Fax (509) 575 -6105 0 www.ci.yakima.wa.us ''ate; 6 , CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday January 22, 2009 Yakima City Hall Council Chambers Beginning at 9:00 a.m. . I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. TERRY MORTON (12/01/08) .REZONE #7 -08 Planner: Kevin Futrell EC #61 -08 Address: 904 East Central Avenue Request: Rezone one parcel from R -2 to GC. B. YAKIMA MSA/US CELLULAR (11/18/08) UAZO CL(3) #16 -08 Planner: Christine Wilson EC #58 -08 Address: SW corner. of East "S" Street & North 5 Street Request: Install a communication tower. C. .RICARDO CORONA (11/24/08) ALT/NON CONF #4 -08 Planner: Christine Wilson Address: 1018 South 8L Avenue Request: Addition to existing residence. D. HOWARD HUIT (10/31/08) APPEAL #3 -08 Planner: Vaughn McBride Address: 1004 North 34th Avenue #7 Request: Appeal administrative decision for UAZO ADM ADJ #29 -08. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. er/I_ Yakima INDEX Y 1 # 4_,4 1111. 1994 Hearing Examiner Packet Phil Lamb KIT -KATS Radio Distribution List 311 North 3rd Street 4010 Summitview, Suite 200 AGENDA. ONLY Yakima, WA 98901 Yakima, WA 98908 Yakima Assoc. of Realtors Ken Crockett KARY Radio Mike Brown Gov. Affairs Committee 1200 Chesterly Dr. #160 Comm. Relations 2707 River Road Yakima, WA 98902 Yakima, WA 98902 -1165 KCYU -FOX 68 Sam Granato David Okowski KIMA TV Police Chief 1205 West Lincoln Ave. P.O. Box 702 Yakima, WA 98902 Yakima, WA 98907 Charlie Hines Pacific Power KNDO TV Fire Chief Mike Paulson 1608 S. 24th Ave 500 N. Keys Rd. Yakima, WA 98902 Yakima, WA 98901 Office of Rural FWH Debbie Moore Marty Miller Yakima Herald - Republic City Clerk 1400 Summitview #203 P.O. Box 9668 Yakima, WA 98902 Yakima, WA 98909 Ben Soria Carolyn Belles Yakima School Dist. #7 VIVA Codes 104 North 4th Street. P.O. Box 511 Yakima, WA 98902 Toppenish, WA_ 98948 Dave Zabell Business Times KBBO -KRSE Radio Assistant City Manager Bruce Smith 1200 Chesterlye Dr. St. 160 P.O. Box 2052 Yakima, WA 98907 Yakima, WA 98902 Dick Zais Yakima Valley C.O.G. . Patrick D. Spurgin City Manager 311 N. 4th Street STE 202 - 411 N. 2nd St. Yakima, WA 98901 Yakima, WA 98901 KAPP TV Brian Paul Gary.Cuillier Codes Bulletin Board P.O. Box 10208 314 N. 2nd Street Yakima, WA 98909 -1208 Yakima, WA 98901 Radio KDNA DOC. P.O. Box 800 INDEX Granger, WA 98932 Hearing Examiner Packet AGENDA; STAFF REPORT, Engineering SITE PLAN AND MAPS... City Legal Department Mike Antijunti Yakima County Planning Office of Neighborhood and Bill Cook County Courthouse Development Services CED Director DON'T FORGET TO SEND Binder Copy For the Record /File ONE TO THE APPLICANT... Howard Huit 1004 North 34 Avenue #7 Yakima, WA 98902 Phil Lamb P.O. Box 4 Yakima, WA 98907 DOC. INDEX Ct . 1 Sz = : ..,, . 4k fv.itt-riwri*, DEPARTMENT OF COMMUNITY & if . yi ,,e, ECONOMIC DEVELOPMENT el -41 1 ' 1 ... Planning Division ---- I ill A ' I F il l Wi l 'legir ' 4. 111‘_. ''',...,- ' .... \\ 11111 11 \ \''Ilr iirel:64141''''''''''''''111('-: ::1:1''^'''''''''''49A2.442iiteirS4P"'''' '''''''''''''' - # : ,j1,,- c. "` _ ' 7 , 7,4'''' - WOO . Yakima, WA 98901 \7, ALtg..1 - 40'' -'" , •„,, -,--- 9.: 12'12(2008 7005 2570 0000 1372 07441- .4.,.. pi,. .....-38931 60 NIXZE 992 AC 1 72 01/01/09 ",....,,L:k. us POSTAGE RETURN TO SENDER 1.k‘‘131 UNABLE TO FORWARD BC: 90901263799 *1509- 00620-12-30 )7 HilllittlIllitillIIIIIilitlidlillmillitillilitlititillIIII iSt NOTiet 0 a-- 4 RECEIVE it mr Hovvara ' J 1 004 N 3 4th Av #7 2nd P101ft 2 _,- 71 ,7 4 4p.._ UNC TY OF YAK JAN 0 5 2009 OIMA • ' g HOG OM i iY9C:86:::\NrCriA:8-9°2 ''' , iiiiiill-lhillillifill111111111ililidlifififillifilifindlli „ - . . ii:ar a 01D1Ht3N10 449 1VIANV.5 33V14 . . _._. ..---. _._.__.... .._ _._.. .w....._._.._...._. __.._._.._.__ .__..�_.......,,._..._..,.. .._.. _... SENDER COMPLETE THIS SECTION p C LETE T Hl sA SECiTION ON DELIVERY ` ' 3.. r_.�_ tai, �., , . - ,�3�_ ,_ ti.. .. �f:,"Ir e w4 a 11 Complete Items 1, 2 and" 3 Also complete : A. Signature item 4 If Restricted Delivery is desired. 0 Agent El Print your name and address on the reverse ❑. Addressee so that we can .return the card to you. B. Received by (Printed Name) C. Date of Delivery III Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No Mir, rid 441A: r1„ 2 OD IV., 34+hAye* / 3. S Mcelype '1 Certlfied Mall ❑ Express Mall yy �� (na_ I �A g y V a- CI 1i° Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number _...... (transfer from service labs. 7005 2 5 7 0 0000 1 3 7 2 0744 PS Form 381 1, February 2004 Domestic Return Receipt 102595- 02- M•1540 lat mew P 0 1 1�' ----- DEPARTME A' OF COMMUNITY AND ECONOMIC P''VELOPMENT " �, " ,'s, Planning Division , 14 ' ;' ,' , 129 North Second Street, 2nd Floor Yakima Washington 98901 ',,� R (509) 575 -6183 O Fax (509) 575 -6105 ® www.ci.yakima.wa.us ' < , ` O R December 12, 2008 Mr Howard Huit 1004 N 34 Ave #7 Yakima, WA 98902 Subj: Appeal 3-08 Dear Sir: As indicated by telephone yesterday, we have received your check for $505.00 back from the bank because of non - sufficient funds. - Please be advised that if this problem is not corrected six days after this letter is mailed, the appeal that you applied for will be null and void. To correct this problem, please bring $505.00 plus a $42.00 return check fee to the Treasury payment window in the lobby of City Hall at 129 N 2 °d Street. If payment is received by 5:00 pm the sixth day after mailing, your appeal application will move forward. Thank you for your prompt attention to this matter. - - rely, Bruce Benson Acting Planning Manager CEUIFIED ARIL: 7005 2570 0000 1372 0744 DOC. Yakima INDEX , �' # — i 99 1994 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: Appeal #003 - 08 Howard Huit 1004 North 34th Avenue I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Rescheduled Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 2 day of January, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. osalinda Ibarra Planning Specialist DOC. INDEX 6-11 cc 181315- 41474.8].315- 475 181315 -14460 • RONALD I) & PATRICIA OLSEN i2ONALD A P IC \AJOLSEN � RUDY &HENRIETTA GASPARAC 701 MADISON AVE 701 M AD�ISO 2007 EVERGREEN CT YAKIMA, WA 98902 YAKI WA 8902 YAKIMA, WA 989021200 181315 -41479 181315- 42010 181315 -14454 RUTH V SCHROEDER TRUST SUMMIT PROPERTIES PTNSHP THOMAS & NANCY BARCUS 2565 DEXTER AVE N # 405 16405 40TH PLACE WEST 1004 N 34TH AVE SEATTLE, WA 98109 -1954 LYNNWOOD, WA 98037 . YAKIMA, WA 98902 -1072 181315-41473 181315 -14436 • 181315 -14410 TYSON A SCHIESSL WAYNE & LINDA FUNKHOUSER WHISPERING PINES MHC LLC 23826 SE 59TH ST 1004 N 34TH AVE #1 1700 ADAMS AVE # 212 ISSAQUAH, WA 98029 YAKIMA, WA 98902 -1069 COSTA MESA, California 92626- 181315- 14470,. 181 15-1.4470 181315 -14453 WHITT'S CHESTERLEY COTTAGES LLC WHI 'S-•`C�.� ES RLEY\CO TAGES LLC WILHELMINA M KAPP 401 N VIRGINIA ST 401 UIRC,IN -T 1004 N 34TH AVE #18 TERRELL, Texas 7516.0 TERREL , Te as 75160 YAKIMA, WA 98902 -1073 ' 181315 -14445 181315 -14448 181315 -14469 WILLIAM H & ANITA RIVERA WILLIAM W & BARBARA GROVE YAKIMA ALZHEIMER'S CARE, L.L.f 1004 N 34TH AVE # 10 3802 W 43RD AVE PO BOX 3006 • YAKIMA, WA 98902 KENNEWICK, WA 99337 -2664 SALEM, Oregon 97302 Phil Lamb . 1 1315 130 181315 -14467 P.O: BOX 4 • YAZCIMA IT' YAKIMA SENIOR CARE LLC Yakima, WA 98907 129 \N /2 ST • PO BOX 3006 ' YAKI , WA 98901 -2613 SALEM, Oregon 97302 -3006 ' -� p Pacific Power 50 labels printed for map sheet huit3 ,50A C e (� Attn: Mike Paulson C ,� _ r 500 North Keys Read i -� tl1t, I aft. 6- --,F. .. Yakima WA 98901 ....„ . it, if n �J : Charter Communications �J . G � , � i * S --0 Attn : Dave Myhre . 0 ` !U� 1005 North 16th Avenue • 11,910 Yakima, WA 98902 • Patrick Spurgin Cascade Natural Gas • 411 North 2nd Street Attn: Patti Cheatney Yakima, WA 98901 701 South 1st Avenue . • Yakima, WA 98902 Gary Cuillier Cindy Noble 314 North 2nd Street 5609 West Arlington Street Yakima, WA 98901 Yakima, WA 98908 • DOC. . INDEX • • # 6-'1b • • iet1.i15- 144.38 181315 -14439 181315 -14416 ARLENE THORNTON >ERTIE HOWELL • ;C & C RENTALS 1004 N 34TH AVE # 3 1004 N 34TH AVE APT 4 1081 SELAH HEIGHTS RD YAKIMA, .WA 98902 -1069. YAKIMA, WA 98902 -1069 SELAH, WA 98942 181315 -14457 181315 -14451 181315 -14437 CHESTERLY PARK DIV MAIN D ROY JR & MARIAN RICHARDS DANIEL T & JOANN PUGLIESE 1004 N 34TH AVE #1 1004 N 34TH AVE #16 1004 N 34TH AVE APT 2 YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1069 • 181315 - 14440. 181315 -14446 181315 -14449 DARIUS G & SUSANNA R RUSTAD DEBORAH DAY EARNEST & MARY ARMSTRONG 1004 N 34TH AVE #5 1004 N 34TH AVE APT 11 1004 N 34TH AVE #14 YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1073 181315 -14444 • 181315 - 14452. 181315- 41478. FELIPE JR BARRERA FRAN BIRGE FRANK J & SHARON FITTERER 1004 N 34TH AVE #9 1004 N 34TH AVE # 7 - 803 N 53RD AVE YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 YAKIMA, WA 98908 181315.41480 16+1315 -A1492 , r 181315 -14442 FANK. .& S?{AROI3 FIVTE ER FRMIK J & SHARON SIT RER HOWARD F & SHERRY L HUIT 803 \N X 53 D . � ., , 803 T 53RD A \j \ l-1 1004 N 34TH AVE #7 YAKIPI�f, 9896'8 `' YAKIMA, WA`-.A.90t,j YAKIMA, WA 98902 -1069 181315 -14441 181315 -14450 181315 -14447 JAMES E & JEANETTE POWELL. . JAMES E & PATTI S GREENSLADE JOYCE LORRAINE RIKERD 1004 N 34TH AVE APT 6 1004 N 34TH AVE #15 1004 N 34TH AVE #12 YAKIMA, WA 98902 -1069 . YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1073 • 181315 -14455 181315 -14461 181315 -14413 LARRY L & FLORENCE BRODERSON LINN & ALDA KRAFT • LN REAL ESTATE LLC 1004 N 34TH AVE. APT 20 1014A N 34TH AVE 3020 WILLAMETTE DR NE. YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1082 LACEY, WA 98516 • 181315 -14443 - 181315 -41494 18131 41495 p MARGARET J BROWN MONTE SCACCO MONTE, C CO ..�J L004 N 34TH AVE APT 8 PO BOX 2854 P0030( 2 4;' fAKIMA, WA 98902 -1069 YAKIMA, WA 98907 YAKMA, A 98907 • 181 -498 / -� 181315 -41499 181315 -41476 _ 90NTE SC C0 / MO1liTE V4,4; CACCO 1,`, NOEL E & LORRAINE OLSEN 90 BERTSCH CIR 'AK X I,f WA `9 -I YAKIMA, 5B90'1j NACHES, WA 98937 -9622 V .81315 -4 477 r 181315 -14428 181315 -14468 1 TO,, E & O RRA ' OLS N '1 PARK MEADOWS LLC PARk ME 2 TH / OWS; &�LLC J /' '0 $ C C ` J 1214 N 20TH AVE 1214 'E AC/ (ACHES, WA 98937 -9622 \ YAKIMA, WA 98902 -1209 ®oc. YAKIMA, W 98902 -1209 INDEX JJ 81315 -41481 181315 -14456 ia13i5 -41493 AYMOND & PAMELA DBA /R & P INV N 'RICHARD H HUEBNER RICHARD M & WENDY E HILL TRUS T 'll 00 ABBESS LN 1004 N 34TH AVE #21 PO BOX 576 AKIMA, WA 98908 YAKIMA, WA 98902 -1073 CLE ELUM, WA 98922 -0576 • -HOUSE zFISTR : UTION Royale Schneider City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti Carolyn Belles City Clerk Engineering. Codes DECISIONS ONLY Mike Shane Ron Melcher Sandy Cox Codes Water/Irrigation Fire Dept. DECISIONS ONLY Joan Davenport Office of Neighborhood and Binder Traffic Engineering DECISIONS ONLY Development Services Jerry Robertson Codes For the RECORD / FILE DOC. INDEX /lh • PRESS RELEASE NOTICE OF RESCHEDULED PUBLIC HEARING DATE: January 2, 2009 TO: Applicant and Adjoining Property Owners FROM: Bill Cook, Director of Community and Economic Development SUBJECT: Appeal #3 -08 NOTICE OF CANCELLED PUBLIC HEARING Notice is hereby given by the Department of Community and Economic Development, Planning Division that the hearing to consider the Howard Huit appeal (Appeal #3 -08) of the Administrative Official's denial of the applicant's request for administrative adjustment of the rear setback standard in the R -3 zoning district at 1004 N. 34` Avenue scheduled for Thursday, January 8, 2009 has been RESCHEDULED. The appeal will go before the Hearing Examiner on Thursday January 22, 2009. If you have any questions on this proposal, please contact Vaughn McBride, Associate Planner at (509) 576 -6315. DOC. INDEX 1 . Ibarra, Rosalinda From: lbarra, Rosalinda Sent: Friday, January 02, 2009 10:58 AM • To: lbarra, Rosalinda; 'Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; 'Bruce Smith - Yak. Business Times'; 'Chris Bristol - YHR'; 'Christine Ermey'; 'Claudia Moreno - Noticias Locales'; 'Criag Troianello - Yakima Herald Rep.'; 'Erin Snelgrove - Yak. Herald Rep'; 'Gabriel Martinez - KDNA'; 'George Finch - Business Journal; 'Jenny Escobar; 'KDNA'; 'KNDO News'; 'Lance Tormey'; 'Lindsay France'; 'Lou Bartelli'; Lozano, Bonnie; 'Mai Hoang; 'Mark Morey'; 'Marta Isabel Sanchez - Univision'; 'Mike Balmelli - KAPP; 'Mike Bastinelli'; 'NWCN'; Beehler, Randy; 'Scott Mayes'; 'Stacie Vasko'; 'Valerie Hurst'; 'Yakima Business Journal; 'Yakima Herald Republic Newspaper' Subject: RE: 01 -02 -09 Press Release: Notice of Rescheduled Hearing - Huit - Appeal 3 -08 Attachments: Notice of Rescheduled Hearing - Huit - Appeal 3 -08_ press release.doc Roseanne, please replace the attached notice with the earlier version on the Planning website. To all, please note this hearing has been rescheduled to January 22, 2009. If you have any questions on this hearing please contact the Planning Division at 509 - 575 -6183. Thanks! Rosalinda Ibarra - Planriing Specialist ribarra@ci.yakiina.wa.us (509) 575-6183 • From: Ibarra, Rosalinda Sent: Friday, January 02, 2009 9:14 AM To: Ibarra, Rosalinda; 'Barbara Serrano - YHR'; Brackney, Rosanne; Brown, Michael; 'Bruce Smith - Yak. Business Times'; 'Chris Bristol - YHR'; Christine Ermey; 'Claudia Moreno Noticias Locales'; 'Criag Troianello - Yakima Herald Rep.'; 'Erin Snelgrove - Yak. Herald Rep'; 'Gabriel Martinez - KDNA'; 'George Finch - Business Journal'; 'Jenny Escobar'; 'KDNA'; 'KNDO News'; 'Lance Tormey'; 'Lindsay France'; 'Lou Bartelli'; Lozano, Bonnie; 'Mai Hoang'; 'Mark Morey'; 'Marta Isabel Sanchez - Univision'; 'Mike Balmelli - KAPP'; 'Mike Bastinelli'; 'NWCN'; Beehler, Randy; 'Scott Mayes'; 'Stacie Vasko'; 'Valerie Hurst'; 'Yakima Business Journal'; 'Yakima Herald Republic Newspaper' Subject: RE: 01 -02 -09 Press Release: Notice of Cancelled Hrg - Huit - Appeal 3 -08 Here is the attachment... _) Rosalinda Ibarra Planning Specialist ribarra @ci.yak.ima.wa.us . (509) 575 -6183 . From: Ibarra, Rosalinda Sent: Friday, January 02, 2009 8:13 AM To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Christine Ermey; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; Jenny Escobar; KDNA; KNDO News; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; Stacie Vasko; Valerie Hurst; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 01 -02 -09 Press Release: Notice of Cancelled Hrg Huit - Appeal 3 -08 Roseanne, please post to: http://www.ci.yakima.wa.usfservices/planninz/Noticeofap,asp Thanks! DOC. INDEX Rosalinda Ibarra C� -11a. 1/2/2009 i usv L. vi ,.. • PlanniIig Specialist ribarra@ci.yakiina.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (.509) 575 -6105 • • • • • • • DOC. INDEX • 1/2/2009 NOTICE OF RESCHEDULED PUBLIC HEARING DATE: January 2, 2009 TO: Applicant and Adjoining Property Owners • FROM: Bill Cook, Director of Community and Economic Development SUBJECT: Appeal #3 -08 NOTICE OF CANCELLED PUBLIC HEARING Notice is hereby given by the Department of Community and Economic Development; Planning Division that the hearing to consider the Howard Huit appeal (Appeal #3 -08) of the Administrative Official's denial of the applicant's request for administrative adjustment of the rear setback standard in the R -3 zoning district at 1004 N. 34` Avenue scheduled for Thursday, January 8, 2009 has been RESCHEDULED. The appeal will go before the Hearing Examiner on Thursday January 22, 2009. If you have any • questions on this proposal, please contact Vaughn McBride, Associate Planner at (509) • 576-6315. DOC. INDEX Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, January 02, 2009 11:02 AM To: McBride, Vaughn; Benson, Bruce Subject: RE: Howard Huit's appeal... Attachments: Notice of Rescheduled Hearing - Huit - Appeal 3- 08.doc Please note, Bill returned Mr. Huit's phone call today (01/02/09). Per the conversation, Bill directed me to revise the Cancellation Notice to a Rescheduled Notice. See attached... The appeal hearing will go before the Hearing Examiner on January 22, 2009. Rosalinda Ibarra Planning Specialist ribarra@ci.yakima.wa.us (509) 575 -6183 From: Ibarra, Rosalinda Sent: Friday, January 02, 2009 9:37 AM To: Cook, Bill Cc: McBride, Vaughn; Benson, Bruce Subject: Howard Huit's appeal... Mr. Huit carne in today to pay the appeal fee of $505 plus the NSF fee. I informed him that Vaughn has scheduled a Notice of Cancelled Public Hearing to be mailed today (01 /02/09) and he asked if there was any way I can cancel the mailing of that notice. I responded that I cannot do that but I would forward the message to Bill so that he can give him a call back today. I also told him that the hearing examiner's packet was due on Wednesday (12/31/08) and we have now passed that deadline in order to continue with the hearing on Thursday (01/08/09). I informed him that the next available hearing date is January 22, 2009. I recommended he call Monday morning to speak to Vaughn or Bruce in case Bill does not get a chance to return his call. Mr. Huit's would appreciate a call back and his phone number is 509 -469 -9670. Thanks! 1jsalinda Ibarra Planning Specialist ribarra @ci.yakima.vra.us City of Yakima _ 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 DOC. INDEX 6-/0 1/13/2009 5 T — TO Y 11062008 liP 00000063 00544 758 co HOWARD HUTT � - � 7 5 7 �A 4� 8 a 6 3 5299 This is a LEGAL COPY of your o SHERRY HUTT � y art check. You can use it the same N PHONE 509-4694 . t � cn 10 1 P 3( / �� 1004 N.34TH AVE. G7 1 A �tivuss way you would use the original c\1 r YAk�MMa. WA 48902 Date check. o , / rn RETURN REASON --'- H M % � ' m / w Ary r . Ir, i t �� _ i.l►... Ae -- / ' _ $ . ( � Not Sufiic;ent Funds '-'1 .0 " wI r ^ L , a • ! *T i, xrlAf' I -, r`' B _ h 10-01 '_' Lc) n ► .AI fir rw1 ! H p • • vr(�G t O .,- '[ , .. a� ° • ��.9 -.TM- AVENUE 1 �- ! p� r � �` O t t.:. i4 i IL 1 er ` 7-- I- 1 0 3 2 3 3 7 10 761: b 2 05 2400 231 3 299 re0700050500r1' ' � ,tom �.--- V . Vi l jI `- I� R�Uy,F{}'�.. s6prC6 sr.. 9 - varc ..._.... _ _�,,., ...: R , _ • V S ING b O�t 4 1 : 3 2 33 7 10 7614 1 205 21,00 233 2990 , En rn -- .1 te r,. • _ ® . INDEX 6 6_ • NOTE TO FILE Date: December 22, 2008 Subject: Howard Huit 1004 N. 34 Avenue #7 Yakima, WA 98902 Re: Appeal 3 -08 Fee Payment The City of Yakima has not received the appeal application payment for $505.00, plus $42.00 return check fee for a total payment due of $547.00 from the applicant. The required payment was due no later than end of business on the sixth day following the date of mailing (December 12, 2008) of the notice of non- payment (December 18, 2008). Per a telephone conversation (9:48am, December 22, 2008), the applicant stated that he had not submitted the required payment to -date but would submit the requested funds on January 2, 2009. Vaughn C. McBride' it — Associate Planner DOC. INDEX i - � DEPMF'' '�F COMMUNITY AND ECONOMIC 1' .�OPMENT .far �» ; k i '",..„ 111x,' tx , , 4. `�3`` Planning Division y ` * ; 129 North Second Street 2nd Floor Yakima, M Washin on 98901 F t (509) 575 -6183 • Fax (509) 575 -6105 • www.ci.yakima.wa.us 4 r December 12, 2008 Mr Howard Huit 1004N34 Ave #7 Yakima, WA 98902 Subj: Appeal3 -08 Dear Sir: . As indicated by telephone yesterday, we have received your check -for $505.00 back from the bank because of non-sufficient funds. Please be advised that if this problem is not corrected six days after this letter is mailed, - the appeal that you applied for will be null and void. To correct this problem, please bring $505.00 plus a $42.00 return check fee to the Treasury payment window in the lobby of City Hall at 129 N 2 Street. If payment is received by 5:00 pm the sixth day after mailing, your appeal application will move - forward. 1 S P Ser @ , ik Thank you for your prompt attention to this matter.: t iFiT1FIi €D M�AI!L REC�EI' ; r- a y (P�omestial - Onty, No ltOt►aeaCouerag �c Vide j „: .7 For delimosh infor anon visit ourmwebsR a ti v�i vwTUSps c m 7M5 Postage $ .. b ! Q Certified Fee Benson Return Receipt Fee Postmark m Bruce enson (Endorsement Required) Here Acting Planning Manager ° O Restricted Dereter Fee ) I r- (Endorsement Requ f D/ ( a I o ;( r, fL) Total Postage & Fees 111 CERl'TFTFJ ,: O Sent To ayd 41.4.i., J .4.A 7005 2570 0000 1372 0744 r` street kaLi orPOB"Na 1 OL2! _: M • 3 41 Alit* State aP4 v } �..."� '1"e��» � ;� � .",�'an` ..� 6^yya ".c�+3'3�sT�ro y.. �d3ka sszsgyr'a; 3P�S'Form 3800gJune'100 25�. `' '"' DOC. Yakima INDEX :.., # qI �' � — s II 1994 x'U21300077* .,^-� - -- -- - _ - • - - -. -.w 11062008 0000006300544758 HOWARD HUIT �-� 7 )-3 7 / 1 , 8 O S 5299 This is a LEGAL COPY of your 6 - SHERRY HUIT • check. You can use it the same N of ' . PHONE 509 t 3/ zz way you would use the original N 1004 ri A. W AVE., 8902 1 ) i - , . • C_'J as.tiQrr�x check. o o Y AK�IA. WA 9890 Date • RETURN REASON -A , �p Ary i • j 4 r ri 1.111k.• � ¢. ay" Not. Sufficient Funds H � g ` • ' f: !.•°- e;1��f.' � �'• j� � � 00" pfrvwl l ' o 0 . .w 0 0 mach w moo 0 :3 233710761: b2. 0524002311 3299 "0000050500o° 4 ?L07611 : -_ L205.2400 233 299ne °0000050501 • • • • • fi . -�[ _ f i ®®®� .r/a/R 3 S ,- a b ti d t T rage ior� • • Ibarra, Rosalinda • From: Benson, Bruce Sent: Thursday, December 11, 2008 8:02 AM • To: All Codes; All Planning Subject: FW: Huit Appeal See below the legal division's suggested procedures for handling a NSF check in connection with an appeal. Ellena, if we still have a problem with the check please let me know if you need help in writing the letter. BeOSOn • Acting Planning Manager P 509.575.6042 F 509- 575.6105 bbenSonvci.yaKim<a.Wa.us • From: Watters, Lawrence Sent: Wednesday, December'10, 2008 4:46 PM To: Benson, Bruce Subject: RE: Huit Appeal Good afternoon Bruce, There is no absolute standard for making good the check that I have seen but I think there is a sound course of action: The citizen should get a letter = sent certified — return receipt requested -- promptly advising him of the NSF check and notifying him that he has until 5:00 p.m. six days after the letter is mailed to correct the problem and his failure to do so will render the appeal null. This accomplishes the following: 1. He has notice of the problem 2. He has a reasonable opportunity to correct the problem 3. He is advised of the consequences if he fails to correct the problem 4. The responsibility is placed squarely on him . 5. The City has offered a reasonable approach 6. The City has done more than is actually required under the circumstances Jeff and I kicked this around and we agree it is best to position the City as reasonable where a citizen appeal or right to a hearing is involved. We can discuss more tomorrow as you deem appropriate or have further issues or questions. Lare • From: Benson, Bruce DOC. INDEX 12/12/2008 • rage z ui � • Sent: Wednesday, December 10, 2008 10:02 AM To: Watters, Lawrence Cc: Cutter, Jeff; Caruso, Joe; McBride, Vaughn Subject: Huit Appeal Good morning Lare, We have a situation where the decision denying an administrative adjustment for building setback has been appealed. Because the adjustment was necessary for the applicant to avoid having to remove an addition that was built without permits the appeal is the only thing that is currently staying the enforcement of the removal. I've just been informed that the applicant's check was returned NSF. Is there a standard for how long a person has to make good a bad check? Without the fee he has no appeal and enforcement should probably proceed. FYI the • last that I heard he is being represented by Phil Lamb in this matter. Your thoughts? Bruce Benson • Acting g Planning Me i8gei P 509.575.6042 • 509- 575.610 • • • • • • • • s a` i va irne.wa.us DOC. INDEX ' 12/12/2008 • • AFFIDAVIT OF MAILING • STATE OF WASHINGTON CITY OF YAKIMA • RE: Appeal #3 -08, Adm Adj #29-08 • Howard Huit • • • 1004 North 34th Avenue • I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have dispatched through the United States Mails, a Revised •Notice of Appeal and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to 'the applicant, appellant, and adverse parties of record; that said property. owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 4th day of December, 2008. • That I mailed said notices in the manner. herein set forth and that all of the statements made herein are just and true. • • _ osalinda Ibarra Planning Specialist • DOC. INDEX # Cecl Applicant and Parties of Interest Notified for REVISE NOTICE OF APPEAL AN PUBLIC HEARING dated December 4, 2008. Appellant: _ Howard Huit File: Appeal #3 -08, ADM ADJ #29 -08 Appellant /Applicant Howard Huit Phil Lamb Pacific Power 1004 North 34` Avenue #7 P.O. Box 4 Attn: Mike Paulson Yakima, WA 98902 Yakima, WA 98907 500 North Keys Road Yakima, WA 98901 Charter Communications Cascade Natural Gas Wayne Funkhouser Cindy Noble Attn: Dave Myhre Attn: Patti Cheatney 1004 North 34` Ave #1 5609 W. Arlington Street 1005 North 16` Avenue. 701 South 1 Avenue Yakima, WA 98902 Yakima, WA 98908 Yakima, WA 98902 - Yakima, WA 98902 • Royale Schneider City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti Carolyn Belles City Clerk Engineering Codes DECISIONS ONLY Mike Shane Ron Melcher Sandy Cox Water/Irrigation Fire Department Codes DECISIONS ONLY Joan Davenport Binder Traffic Engineering Office of Neighborhood and DECISIONS ONLY Development Services Jerry Robertson Codes For the RECORD / FILE DOC. INDEX ..N e. 1G- U'+-VO 1.Ggal 1VUL1lG. i\GV1SCU 1VUL1l G VI .n..ppGa1 41111 r1Gai111gg - r111 ttppcaltf.)-uo rage 1 01 1 • Ibarra, Rosalinda • From: Legals [legals @yakimaheraid.com] • Sent: Wednesday, November 26, 2008 1:59 PM To: Ibarra, Rosalinda Subject: Re: 12 - - Legal Notice: Revised Notice of Appeal and Hearing -Huit Appeal #3 -08 • I've scheduled the attached legal notice for 12/4, for a cost of $77.40. On 11/25/08 4:28 PM, "Ibarra, Rosalinda" <ribarra @ci..yakima.wa.us> wrote: Please publish only o Ice on Thursday December 4, 2008 • • • • Send affidavit of publication and invoice to: Account 11002 City of Yakima, Planning Division- . • YAKIMA HERAI • • 129 North 2nd Street, Yakima, WA. 98901 Legal Nutt ces� z . • REVISED NOTICEO • PUBLIC HEARING . ' DATE Decem 4� ber2008l TO Appellant and Adjoin ing Property Owners FROM s .Witham Cook: Rosalinda Ibarra CEDDirector . APPELLANT -Howard • Hurts . " SUBJECT: '' Notice; of Planning Specialist open Record Public Hear- I ,irrg for'Appeal #3 -084 ..; :'NOTICE' OFA APPEAL: The Cdy Hof Yakima De'= ribarra @ci.yakima.wa.us I panment of community', & • ' • iEcorwmic.Development is= `sued a *determination on' -October 22 `2008+toa deny_ a requested Administrative 'Adjustment to adjust the 'Fear yardisetback standard; City of Yakima �',try739 mine R3ezoning district at 1004 N. 34th 1;-Avenue :The applicant hasl isubmtted an appealT the; • 129 North 2nd Street Adnumstrative rAdlustment denual ; NOTICE - -OF. PUB= UC'HEARING 'This§ }ap • peal tequwres ,that the Yakima, WA 98901 ! Hearin 3g4Hiier hold an n recordI de .. ope i ( t novo) ;public hearing for appeals p; (509) 575 -6183 of deasions made under Type (2) review The pub lIc hearing' isFscheduled to • be held' on *Thursday Jan= f: (509) 575 -6105 ! :'eery s 2008 beginnieg.at 9.00�am in the Council;, Chambers`°City Hall, 129 • • N 2nd StreetYakima; ;WAS Any person desmng fo express ,their views on ihrsmatter'is invited to , ' at• tend the public hearing or, I to submit. mttawritten ments. Subyour written: ?oornmentsto the_ City,. of Yakima, ` Department of Simon S i ze r � 'Commwlfty and Ecoriomi ' Legal/Obituary Clerk Ikvelopment Planning Di= '.visan VWNorthlSecond' Sheet, Yakima {x WA Yakima Herald - Republic ;' 98900fiV later than De':; Phone: 509-577-7740 �ms�r 16 zoos Fouow ing the putihc`heanrig� the Fax: 509- 577 -7766 Hearing Fca en sLUa hLa deGSion wdhinFten. (10) business days F Iegals @yakimaherald.com D ( .086) December e4 eNDC $ EX 12/1/2008 PRESS RELEASE REVISED NOTICE OF APPEAL & PUBLIC HEARING DATE: December 4, 2008 TO: Appellant, Adverse Parties of Interest SUBJECT: Appeal of the Administrative Official's decision denying Howard Huit's application to adjust the rear yard setback standard in the R -3 zoning district at 1004 N. 34 Avenue #7, Yakima Assessor's Parcel Number: 181315 -14442 File #: UAZO Appeal #3 -08 Notice is hereby given by the Department of Community and Economic Development; Planning Division of the Administrative Official's decision, issued on October 22, 2008, to deny a request to adjust the rear yard setback standard by 73% in the R -3 zoning district at 1004 N. 34 Avenue. The requested adjustment of the 15 foot minimum standard would have resulted in a rear yard setback of 4 feet. The applicant submitted an appeal of the Administrative Official's decision of denial on October 31, 2008. The purpose of this notice is to provide adverse parties of record the opportunity to review and comment upon the appeal. This appeal requires the Hearing Examiner hold an open record public hearing. The initial notice of public hearing gave reference to a `closed record public hearing'. Testimony given during the appeal shall be limited to those points cited in the appeal application except for appeals of decisions of the Administrative Official made under Type (2) review, in which the appeal shall be de novo (open record). The public hearing is scheduled to be held on Thursday, January 8, 2009, beginning at 9:00a.m., in the Council Chambers, City Hall, 129 N. 2 " Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his decision within ten (10) business days. Submit your written comments to the City of Yakima, Department of Community and Economic Development, Planning Division, 129 North Second Street, Yakima, , WA 98901 no later than December 18, 2008. Copies of the Appeal, the Administrative Official's decision, and other materials related to this action are available upon request. For additional information, please contact Vaughn McBride, Associate Planner, at (509) 576 -6315. Sincerely, Vaughn C. McBride, EDFP Associate Planner DOC. INDEX r a�� u i Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Thursday, December 04, 2008 8:06 AM To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Christine Ermey; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; ErinSnelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; Jenny Escobar; KDNA; KNDO News; . Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; Stacie Vasko; Valerie Hurst; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 12- 04 -08: Revised Notice of Appeal and Hearing - Huit Appeal #3 -08 Attachments: Revised Notice of Appeal and Hearing - Huit Appeal #3 -08_ Press Release.doc Roseanne, please post to: N-tp_Wwww.ci.y4k.ima.wa.usjservicesjplanning/Npticepfap.asp Thanks! Rosa1nda Ibarra . Planning Specialist . riban s . • City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 . • • • DOC. INDEX # - CP C�� • • 12/4/2008 • REVISED NOTICE OF APPEAL & PUBLIC HEADING DATE: December 4, 2008 TO: Appellant, Adverse Parties of Interest SUBJECT: Appeal of the Administrative Official's decision denying Howard Huit's application to adjust the rear yard setback standard in the R-3 zoning district at 1004 N. 34 Avenue #7, Yakima Assessor's Parcel Number 181315 -14442 File #: UAZO Appeal #3 -08 Notice is hereby given by the Department of Community and Economic Development Planning Division of the Administrative Official's decision, issued on October 22, 2008, to deny a request to adjust the rear yard setback standard by 73% in the R -3 zoning district at 1004 N. 34 Avenue. The requested adjustment of the 15 foot minimum standard would have resulted in a rear yard setback of 4 feet. The applicant submitted an appeal of the Administrative Official's decision of denial on October 31, 2008. The purpose of this notice is to provide adverse parties of record the opportunity to review and comment upon the appeal. This appeal requires the Hearing Examiner hold an open record public hearing. The initial notice of public hearing gave reference to a `closed record public hearing'. Testimony given during the appeal shall be limited to those points cited in the appeal application except for appeals of decisions of the Administrative Official made under Type (2) review, in which the appeal shall be de novo (open record). The public hearing is scheduled to be held on Thursday, January 8, 2009, beginning at 9:00a.m., in the Council Chambers, City Hall, 129 N. 2 Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his decision within ten (10) business days. Submit your written comments to the City of Yakima, Department of Community and Economic Development, Planning Division, 129 North Second Street, Yakima, WA 98901 no later than December 18, 2008. Copies of the Appeal, the Administrative Official's decision, and other materials related to this action are available upon request. For additional information, please contact Vaughn McBride, Associate Planner, at (509) 576 -6315. Sincerely, -- 1 ' 1 C. McBride, EDFP DOCD Associate Planner ONDEX < -�, DEPARTM OF COMMUNITY AND ECONOMIC . 'LOPMENT �?, `:: E2G Aor'tii'eG:o c „;(r 2 7i! Floor Yakima, V'aSI.ii'gtoit' 98901 C. ; ,'5.07) - .), Fi1(Y3 ." ,... ,y( -, 7S -6_OS c if'FS'84 .et % a a ,r ,t o DATE: November 24, 2008 TO: Howard Huit 1004 N. 34 Avenue #7 Yakima, WA 98902 SUBJECT: Notice to Post Land Use Action Signage RE: Appeal of the Administrative Official's decision denying Howard Huit's application to adjust the rear yard setback standard in the R -3 zoning district at 1004 N. 34 Avenue #7, Yakima Assessor's Parcel Number: 181315 -14442 File #: UAZO Appeal #3 -08 Land Use Action signage must be posted on the subject property providing public notification that a land use application (appeal) has been submitted to the City of Yakima. Notice shall provide information concerning the pending public hearing before the city's Hearing Examiner regarding your appeal of the Administrative Official's decision, issued on October 22, 2008, to deny a request to adjust the rear yard setback standard in the R -3 zoning district at 1004 N. 34 Avenue must be posted not later than ten (10) days prior to the hearing date of January 8, 2009. You must complete the enclosed Land Use Action Installation Certificate and return it to the Planning Department by mail or fax. The Land Use Action sign shall be maintained in good condition until the final decision on the appeal is rendered by the Hearing Examiner. For additional information, please contact Vaughn McBride, Associate Planner, at (509) 576 -6315. Sin rely, Vau_, n C. McBride, EDFP Associate Planner cc. Attorney Phil Lamb DOC. akirr4 INDEX ;fl :3, " 9 CITY OF YAKIMA LAND USE AC II N INSTALLATION CERTIFICATE Project Number: ''1 r *` 4 5 - 08 Q Date of Installation: Site Address: Location of Installation (Check One) Land Use. Action Sign is installed per standards described in YUAZO § 15.11.090(C). • Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. I Applicants Name (please print) Date Applicants Signature Telephone Number of Applicant The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509- 575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX C-• - ,`.,. c PLANNING ''lF w MINIMUM REQUIREMENTS FOR �M� POSTING OF PRIVATE PROPERT PROCEDURE � E� rte= t 1 FOR LAND USE ACTION b:..j 1 DIVISION .,m7fsl CITY OF YAKIMA CODE ADMINISTRATION AND PLANNING DIV ISION ®3-15 129 NORTH 2° STREET, YAKIMA, WA 98901 Revision 001 Call (509) 575 -6183 for appointments and information May 2003 The Land Use Action posted signage shall be a sign to II. SIGN DESCRIPTION & CONTENT continued provide the public notification that a land use application has b , . ...b Sign shall be a highly visible . been submitted to the City for a proposed change to the yeili3vb color, property. The following information describes the detls of ti!.,, . the Land Use Action sign. ` . 3 ' U.' YAG1 E INSTA L'L'ATION Posting of at least one sign and in some cases more than one d . The applicant according to the specification shown sign on the site or in a location immediately adjacent to the in the Land Use Action installation diagram shall site that provides visibility to motorists using adjacent install the Land Use Action signs. These signs streets. The Code Administration and Planning Manager has shall be located: established standards for size, color, layout, design,.wording, o At the midpoint on the street frontage from placement, and timing of installation and removal of the which the site is addressed or as otherwise . • sign(s) to provide clarification to YUAZO § 15.11.090(C). directed by the Planning staff; I. GENERAL INFORMATION o At a location ten (10) feet back from the ❑ The Land Use Action sign shall be known in this property line; section as the "sign" and as stated in YUAZO § o Signs structurally attached to an existing 15.11.090(C) as the official sign for applications for • building shall be exempt from the setback the following land use matters: requirement, provided that no sign is located o Class 3 public hearings; further than ten (10) feet from the property o Preliminary long subdivision; line without written approval from Planning o Rezone; • staff; - o Right -of Way Vacations; • o The top of the sign shall be positioned o Appeals; between five (5) to six (6) feet above grade; o Comprehensive Plan Amendments as indicated o The sign can be easily read from the adjacent in YMC Ch. 16.10; street and/or sidewalk; and, o Environmental review, except for a o The sign is easily accessible, able to read and categorically exempt application; and, can be seen from the property line. o Annexation of property by the City IV. INSTALLATION CERTIFICATION II. SIGN DESCRIPTION & CONTENT ❑ To certify that the Land Use Action sign has been ❑ The City will have the appropriate information installed, the applicant shall complete the Land Use printed on a four (4) foot by four (4) foot board with Action Installation Certification with the the following specifications: applicant's signature and return it to the Planning o Letter Style: Helvetica or similar standard staff in person or general mail or fax. typeface. o The Land Use Action Installation Certification o Letter Size: will be placed into the application file record; ▪ 4 1 /4 -inch bold capital letters for the title; o . This date of the Land Use Action sign • LAND USE ACTION PROPOSED FOR installation will be at. least twenty (20) days THIS SITE; before the public meeting. • 4 1 /4 -inch bold capital letters for the footer • CONTACT THE CITY OF YAKIMA V. MAINTAINED & REMOVAL (Phone number). ❑ The Land Use Action sign shall be maintained in o Letter Color: good condition until the final decision on the • ' Black letters for the title block and the , application. footer; and, ❑ The sign shall be removed after the final City • The City logo placed on each side of center decision is made on the application within fifteen of the sign. (15) days of the decision or withdrawn or canceled. o Type of Land Use Action Designation: DATE: • The type of Land Use Action shall be placed in the center of the sign; PROJECT #: . DOC. Doug Maples, Code Administration Manager INDEX 05/20/2003 11 6-. 5 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: Appeal #3 -08, Adm Adj #29 -08 Howard Huit 1004 North 34th Avenue I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have dispatched through the United States Mails, a Notice of Appeal and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, appellant, and adverse parties of record; that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 21St day of November, 2008. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda lbarra Planning Specialist DOC. INDEX Applicant and Parties of Interest Notified for NOTICE OF APPEAL AND PUBLIC HEARING dated November 21, 2008. Appellant: Howard Huit File: Appeal #3 -08, ADM ADJ #29 -08 Appellant /Applicant Howard Huit Phil Lamb Pacific Power 1004 North 34 Avenue #7 P.O. Box 4 Attn: Mike Paulson Yakima, WA 98902 Yakima, WA 98907 500 North Keys Road Yakima, WA 98901 Charter Communications Cascade Natural Gas Wayne Funkhouser Cindy Noble Attn: Dave Myhre Attn: Patti Cheatney 1004 North 34 Ave #1 5609 W. Arlington Street 1005 North 16 Avenue 701 South 1 Avenue Yakima, WA 98902 Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98902 Royale Schneider City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti Carolyn Belles City Clerk Engineering Codes DECISIONS ONLY Mike Shane Ron Melcher Sandy Cox Codes Water/Irrigation Fire Department DECISIONS ONLY Joan Davenport Binder Traffic Engineering Office of Neighborhood and DECISIONS ONLY Development Services Jerry Robertson Codes For the RECORD / FILE DOC. INDEX 1CC: 11 - 2.1 - U0 Legill 1NULIUC. 1VULIee UI r1Gi111IIg - riu i t11JI cditt3-UO. rUUll" ()11 11 /41 /U0. t%UUUUIL.. ri1gC 1 U1 1 Ibarra, Rosalinda From: Legals [legals @yakimaherald.com] Sent: Tuesday, November 18, 2008 4:48 PM To: Ibarra, Rosalinda Subject: Re: 11 -21 •08 Legal Notice: Notice of Hearing - Huit Appeal #3- 08.Publish on 11/21/08. Account 11002 I've scheduled the attached legal notice for 11/21, for a cost of $64.50. On 11/18/08 12:48 PM, "Ibarra, Rosalinda" <ribarra @ci.yakima.wa.us> wrote: Please publish only once on Friday November 21, 2008 Send affidavit of publication and invoice to: Account 11002 City of Yakima, Planning Division 129 North 2nd Street, Yakima, WA 98901 • NOT!CEiOF PUBLIC :' =' ` HEARING > Rosalinda Ibarra PATE November ` 21;' 2Q08 Ta- Appellant and Adlom ` Planning Specialist E"9Propeny/Owners CEO WiUam Cook; F CED Dnecton City of Yakima H LEANT {H owarii • SUBJECT :u Nonce of, Closed ` Record nng {w 9APPea1 # Planning Division Fl ea 3p P u blic 8 ` i • Cult' of Yalama -De 509 575 -6183 Patent of;Communtyz &' p: � ) _ Eoonomlc Deve►opmentis= *oz. a detennmaUorn- -on October 22 2008 to de`n ribarra @ci.yakima.wa.us a mQues[ed AdmmistratiJe' Aishnera ;to� "thei �r =yard setliac standard% d ' 73 %fitheR3zoning d!strict ai 1004 x Avenue Thetapp h 4 a s ; !ratted an appeal of'the � Adm!rustiat v Adjustment] denral " R ��E_ pF plug , H fes that' ,try g Examjner hold an Simon Sizer arc neap �Wiblc�heanng Legal /Obituary Clerk Thur$dap Yakima Herald- Repu mi g«acsm° bale -Cdjr Hall .129 N •2nd Phone: 509- 577 -7740 strut; Yawma An 1 elso 4.4040: t o e� ii s` Fax: 509-577 -7766 $rl mla matter pubic . attend the legals @yalcirraal�erald.coraa oritosubime wrttteri =co►nmen'ts Follow -:' mg the public heanng Ythes Heanm9. Examiner, will =tis- 'sue`hi 1CIS ohµ in t en ( days i f 09 November 21,, DOC. INDEX # c -'4b 11/20/2008 • ELI: A SF November 21, 2008 TO: Appellant, Adverse Parties of Interest SUBJECT: Appeal of the Administrative Official's decision denying Howard Huit's application to adjust the rear yard setback standard in the R -3 zoning district at 1004 N. 34 Avenue #7, Yakima Assessor's Parcel Number: 181315 -14442 File #: UAZO Appeal #3 -08 Notice is hereby given by the Department of Community and Economic Development; Planning Division of the Administrative Official's decision, issued on October 22, 2008, to deny a request to adjust the rear yard setback standard by 73% in the R -3 zoning district at 1004 N. 34`'' Avenue. The requested adjustment of the 15 foot minimum standard would have resulted in a rear yard setback of 4 feet. The applicant submitted an appeal of the Administrative Official's decision of denial on October 31, 2008. The purpose of this notice is to provide adverse parties of record the opportunity to review and comment upon the appeal. This appeal requires the Hearing Examiner hold a closed record public hearing. The public hearing is scheduled to be held on Thursday, January 8, 2009, beginning at 9:00a.m., in the Council Chambers, City Hall, 129 N. 2 Street, Yakima, WA.. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the, public hearing, the Hearing Examiner will issue his decision within ten (10) business days. Written comments shall not include the presentation of new evidence and shall be based only upon the facts presented to the Hearing Examiner (15.16.030 [A] [YMC). Submit your written comments to the_City of Yakima, Department of Community and Economic Development, Planning Division, 129 North Second Street, Yakima, WA 98901 no later than December 5, 2008. Copies of the Appeal, the Administrative Official's decision, and other materials ,related to this action are available upon request: For additional information, please contact. Vaughn McBride, Associate Planner, at (509) 576 -6315. Sincerely, Vaughn C. McBride, EDFP Associate Planner DOC. INDEX i agc i vi l Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, November 21, 2008 10:42 AM To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Christine Ermey; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; Jenny Escobar; KDNA; KNDO News; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; Stacie Vasko; Valerie Hurst; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 11 -21 -08 Press Release: Notice of Hearing - Huit Appeal #3 -08 Attachments: Notice of Hearing - Huit Appeal #3 -08_ Press Release.doc • Roseanne, please post to: http / /www ci.yakima.wa.sJ_ sere _ices/Ianning/Noticeofap.asp Thanks! Rosalinda Ibarra Plauuung Specialist riban City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 . f: (509) 575 -6105 • DOC. INDEX # C - �} G� 11/21/2008 November 21, 2008 TO: Appellant, Adverse Parties of Interest SUBJECT: Appeal of the Administrative Official's decision denying Howard Huit's application to adjust the rear yard setback standard in the R -3 zoning district at 1004 N. 34 Avenue #7, Yakima Assessor's Parcel Number: 181315 -14442 File #: UAZO Appeal #3 -08 Notice is hereby given by the Department of Community and Economic Development; Planning Division of the Administrative Official's decision, issued on October 22, 2008, to deny a request to adjust the rear yard setback standard. by 73% in the R -3 zoning district at 1004 N. 34 Avenue. The requested adjustment of the 15 foot minimum standard would have resulted in a rear yard setback of 4 feet. The applicant submitted an appeal of the Administrative Official's decision of denial on October 31, 2008. The purpose of this notice is to provide adverse parties of record the opportunity to review and comment upon the appeal. This appeal requires the Hearing Examiner hold a closed record public hearing. The public hearing is scheduled to be held on Thursday, January 8, 2009, beginning at 9:00a.m., in the Council Chambers, City Hall, 129 N. 2" Street, Yakima, . WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his decision within ten (10) business days. Written comments shall not include the presentation of new evidence and shall be based only upon the facts presented to the Hearing Examiner (15.16.030 [A] [YMC). Submit your written comments to the City of Yakima, Department of Community and Economic Development, Planning Division, 129 North Second Street, Yakima, WA 98901 no later than December 5, 2008. Copies of the Appeal, the Administrative Official's decision, and other materials related to this action are available upon request. For additional information, please contact Vaughn McBride, Associate Planner, at (509) 576 -6315. Sincerely, au i u C. McBride, EDFP Associate Planner DOC. INDEX # ( : = AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: UAZO Adm Adj #29 -08 Howard Inuit 1004 North 34th Avenue #7 I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Decision (Administrative Official). A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of . record within a radius of 500 feet of subject property, that - said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 22 day of October, 2008. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Specialist Doc. INDEX # 6 - 3E, • 181315 -14438 181315 -14439 181315 -14416 • ARLENE THORNTON • BERTIE HOWELL C & C RENTALS 1004 N 34TH AVE # 3 1004 N 34TH AVE APT 4 1081 SELAH HEIGHTS RD YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1069 SELAH, WA 98942 181315 -14457 181315 -14451 181315 -14437 CHESTERLY PARK DIV MAIN D ROY JR & MARIAN RICHARDS DANIEL T & JOANN PUGLIESE 1004 N 34TH AVE #1 1004 N 34TH AVE #16 1004 N 34TH AVE APT 2 YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1069 • 181315 -14440 181315 -14446 181315 -14449 DARIUS. G & SUSANNA R RUSTAD DEBORAH DAY EARNEST & MARY ARMSTRONG 1004 N 34TH AVE #5 1004 N 34TH AVE APT 11 1004 N 34TH AVE #14 YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1073 181315-14444 181315 -14452 181315-41478. FELIPE JR BARRERA FRAN BIRGE FRANK J & SHARON FITTERER 1004 N 34TH AVE #9 1004 N 34TH AVE # 7 803 N 53RD AVE YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 YAKIMA, WA 98908 18315 -41'%0 ' 181315 -41492 181315 -14442 FRA NK J . 'RON ‘ ERER FRA J & SH'0 FIT' ir R HOWARD F & SHERRY L HUIT 803 .•D 803 53RD E 1004 N 34TH AVE #7 YAKIMA, WA 98908 YAKIM' .= 98908 YAKIMA, WA 98902 -1069 • 181315 -14441 181315 -14450 181315 -14447 JAMES E & JEANETTE POWELL JAMES E & PATTI S GREENSLADE JOYCE LORRAINE RIKERD 1004 N 34TH AVE APT 6 . 1004 N 34TH AVE #15 311 N 36TH AVE YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -2227 181315 -14455 181315 -14461 181315 -14413 LARRY L & FLORENCE BRODERSON LINN & ALDA KRAFT LN REAL ESTATE LLC 1004 N 34TH AVE APT 20 1014A N 34TH AVE 3020 WILLAMETTE DR NE YAKIMA, WA 98902 -1073 YAKIMA, WA_98902 -1082 LACEY, WA 98516 - 181315 =14443 181315 -41494 181315 -41495 MARGARET J BROWN MONTE SCACCO M NTE ACCO 1004 N 34TH AVE APT 8 PO BOX 2854 P BO .2 54 YAKIMA, WA 98902 -1069 YAKIMA, WA 98907 YA , 8907 181315-41"8 181315-41499 MO - E SC' C. MONTE SC sO 181315-41476 NOEL & LORRAINE E & LORRAINE OLSEN PO :,X 2:54 PO BOX 854 90 BERTSCH CIR YAKI - WA 98907 YA' uA, WA 98907 NACHES, WA 98937 -9622 • 181315 -41477 181315 -14428 181315 -144.8 • AOEL E & RAIN SEN PARK MEADOWS LLC PArK MEAT• LLC 30 ERT H C 1214 N 20TH AVE 1211 N OTH IAC , WA 98937 -9622 . YAKIMA, WA 98902- 1209DOC+. YAK •r, WA 98902 -1 •. INDEX . . # "1 ' 31 381315 -41481 181315 -14456 —15 -41493 2AYMOND & PAMELA DBA /R & P INV N RICHARD H HUEBNER RICHARD M & WENDY E HILL TRUST ?00 ABBESS LN 1004 N. 34TH AVE #21 PO BOX 576 'AKIMA, WA 98908 YAKIMA, WA 98902 -1073 CLE ELUM, WA 98922 -0576 181315 -41474 181315 -41 5 181315 -14460 - RONALD D & PATRICIA OLSEN R ALD D & ATR �LSEN RUDY &HENRIETTA GASPARAC 701 MADISON AVE 70 MAD SON 2007 EVERGREEN CT . YAKIMA, WA 98902 YAK , WA 98902 YAKIMA, WA 989021200 181315 -41479 181315 -42010 181315 -14454 RUTH V SCHROEDER TRUST SUMMIT PROPERTIES PTNSHP THOMAS & NANCY BARCUS 2565 DEXTER AVE'N # 405 PO BOX 12960 1004 N 34TH AVE SEATTLE, WA 98109 -1954 MILL CREEK, WA 98.082 -0960 YAKIMA, WA 98902 -1072 181315 -41473 181315 -14436 181315 -14410 TYSON A SCHIESSL WAYNE & LINDA FUNKHOUSER WHISPERING PINES MHC LLC 23826 SE 59TH ST 1004 N 34TH AVE #1 1700 ADAMS AVE # 212 ISSAQUAH, WA 98029 YAKIMA, WA 98902 -1069 COSTA MESA, California 92626- • 181315 -14470 181315- 70 181315- 14453 WHITT'S CHESTERLEY COTTAGES LLC . W "ITT' CH= TE: EY COTTAGES LLC WILHELMINA M KAPP 401 N VIRGINIA ST 4. VIRGI A ST 1004 N 34TH AVE #18 TERRELL, Texas 75160 TERRELL, Texas 75160 YAKIMA, WA 98902 -1073 • 181315 -14445 181315 -14448 • 181315 -14469 WILLIAM H & ANITA RIVERA WILLIAM W & BARBARA GROVE YAKIMA ALZHEIMER'S CARE, L.L. 1004 N 34TH AVE # 10 3802 W 43RD AVE PO BOX 3006 YAKIMA, WA 98902 KENNEWICK, WA 99337 -2664 SALEM, Oregon 97302 Charter Communications • 181315 -13001 181315 -14467 C/O Dave Myhre YA MA CI YAKIMA SENIOR CARE LLC 1005 North 16th Avenue 129 N 2 S PO BOX 3006 Yakima, WA 98902 YAK WA 98 -2613 SALEM, Oregon 97302 -3006 �°� Pacific Power 50 labels printed for map sheet huit t D V ' v� hh c/o Mike Paulson bels p 500 North Keys Road /� � Yakima, WA 98901 " ty4, • `' OS Cascade Natural Gas d `U %o c Patti Cheatney. . ,� 701 South 1st Avenue ;(� Yakima, WA 98902 Cindy Noble • 5609 West Arlington • Yakima, WA 98908 DOC. INDEX 8 Ci -act In -House Distribution List Royale Schneider City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti . Carolyn Belles City Clerk Engineering Codes DECISIONS ONLY Mike Shane Ron Melcher Sandy Cox Water /Irrigation Fire Dept. Codes DECISIONS ONLY Joan Davenport Office of Neighborhood and Binder Traffic Engineering DECISIONS ONLY Development Services Jerry Robertson Codes For the RECORD / FILE DOC. INDEX N'1'TICE OF DECISION Administrative Official October 22, 2008 On Septemberl9, 2008 the City of Yakima, Washington issued a Notice of Application adjust the rear yard setback standard to accommodate an addition to a manufactured home. The addition is sited four feet from the rear property line and encroaching upon a public utility easement along the northern boundary of the subject property. The subject property is zoned R -3 and is located at 1004 N. 34 Avenue #7, Yakima, Washington. Assessor's Parcel number: 181315 - 14442 City File Number: UAZO ADM ADJ#29 -08 Following the required 20-day public notice . period, and consideration of all comments received, the City of Yakima has issued the enclosed decision. This decision may be appealed within 14 days from the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The filing fee of $505.00 must accompany the application. For further information or assistance, you may wish to contact Vaughn McBride, Associate Planner at (509) 575 -6315 at the City of Yakima Planning Division: "iuce 13 Acting Zoning Administrator Notice of Decision Mailing Date: October 22, 2008 Enclosures: Administrative Official's Findings and Preliminary Decision, Site Plan, Vicinity and Mailing Maps DOC. INDEX Cam' OF YAKIMA ZONING ADMINISTRATOR FINDINGS AND FINAL DECISION October 22, 2 ri Consideratioju a if an alp i i acatio.i. ) Staff Re rt Submitted by +: o ,,. and unit to adjust the ) UAZO ADM ADJ #29 -08 Rear setb eh s ; zAlard in the R-3 zoning ) Vann: nn Mc ;bride ;) istrict ) Associate Miner Applicant: Howard Huit 1004 N. 34 Avenue #7 Yakima, WA 98902 Property Owner: Howard Huit Zo.1 i g: (R -3) Multi - Family Residential Parcel No: 181315 -14442 Applica t r" The applicant requests an 11 -foot adjustment of the rear setback standard to accommodate an addition to a manufactured home located in the R -3, Multi - Family Residential zoning district. Star Decision: The requested administrative adjustment of the rear yard setback standard is 'i$IENIED. ACKGROUND The applicant is responding to numerous notices of violation issued by City Code Compliance staff regarding the construction of the kitchen addition without proper review and permitting. In addition, the location of the kitchen addition is within a 10 -foot wide public utility easement located along the north boundary line of the subject property. A Notice of Noncompliance was initially issued by the Code Administration & Planning Manager on November 17, 2004 regarding the lack of permits for the addition to the manufactured home. The Notice requested that resolution to the outstanding code violations occur no later than October 3, 2007. A Notice of Noncompliance regarding noted violations was issued on June 1, 2006. On April 30, 2007, at a public meeting in the park within Chesterly Park Addition subdivision, property owners were informed of existing violations on their property. All property owners in attendance were given a written statement of the violations on their property, and asked to contact City of Yakima within 30 days to voice their intentions with regards to the individual violations on their respective property. 1 Howard Huit DOC. 1004 N. 34 Avenue #7 INDEX UAZO ADM ADJ#29 -08 # 5 On November 28, 2007, in a letter from City Attorney Jeff Cutter, the property owner was advised that `no construction activity is to occur on your illegal addition until the issues surrounding this matter have been resolved with the City of Yakima and a building permit issued'. The subject property was again inspected by Code Compliance staff on May 16, 2008 and on June 25, 2008. The following violations included: 1. The construction of an addition to the manufactured home without required building permits, contrary to the provisions of Chapter 11.04 YMC; and 2. The construction of an addition to the manufactured home within the public utility easement, contrary to the provisions of Chapter 15.05 YMC. The property owner was ordered to remove the addition to the manufactured home on or before August 6, 2008 All Notices off Noncompliance a d subsequent writtew co 111 munnicataons were served via 'c egular and Certified Maill, Rettann nn Receipt ~ equested. FINDINGS 1. The applicant is responding to numerous notices of violation issued by City Code Compliance staff regarding the construction of the kitchen addition without proper review and permitting. 2. The applicant is requesting an adjustment of the rear yard setback standard for the R- 3, Multi- Family Residential zoning district to facilitate the retention of a 352 square foot kit existing kitchen addition to the sting manufactured home. 3. The plat of Chesterly Park Addition was recorded August 31, 1983 and annexed into the City of Yakima January 1, 1991. 4_ The addition was constructed without City Planning Division review and issuance of proper permits due to the subject property being located within Yakima County jurisdictional boundaries. 5. Current setback standards in the R-3 zoning district require a 15 -foot setback from the rear property line. 6. The applicant is requesting an 11 -foot adjustment of the rear setback standard. 7. The administrative adjustment requested will result in a 73% decrease in the allowable rear yard setback standard in the R-3 zoning district; resulting in the addition to remain located four (4) feet from the rear property line. 8. A 10 -foot wide public utility easement is located along the north property line, within which the illegal addition is partially sited. 9. No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee (UAZO, Chapter 15.05.020 (D). 10. The applicant has submitted written statements from utility providers stating that they have not used nor do they intend to use the existing utility easement. 2 Howard Huit 1004 N. 34 Avenue #7 UAZO ADM ADJ#29 -08 DOC. INDEX 11. The City of Yakima has no application to vacate the public utility easement at this location. Subsequently, use of the easement by private property owners is not authorized. Such an application would require concurrence of property owners (utility providers). ZONING AND LAND USE The subject property is zoned R -3, Multi- Family Residential. Adjacent properties have the following characteristics: Zoning Land Use North R-3 Residential/Multi- Family South R -3 Residential/Manufactured Home East R-3 Residential/Manufactured Home West R -3 . Residential/Manufactured Home ADMINISTRATIVE ADJUSTMENT OF STANDARDS The Administrative Official has the authority to administratively adjust a particular standard so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of Chapter 15.10, the intent and purposes of the standard, and will accomplish one or more of the following objectives: 1. Siting for solar access. Structure setbacks in residential districts are intended to provide privacy, light, air and emergency access. The requested adjustment would place the addition four (4) feet from the rear property line; would result in a 73% decrease of the rear yard setback standard; and encroaches upon a public utility easement. 2. Allow for zero lot line or con s, o,1 ; wan constructhb . Not an issue for this proposal. 3. Coordinate develop dent and site features with adjacent la d uses. The requested adjustment of rear yard setback is not compatible with surrounding properties. 4. Flexibility of design. Review of the physical components of the proposed action, the setback encroaches upon an established public utility easement, contrary to the provisions of Chapter 15.05, UAZO. 5. Consistency with sub -area plans. No sub -area plans exist that address this area. 3 Howard Hunt 1004 N. 34 Avenue #7 _ DOC. uAZO ADM ADJ#29-08 INDEX • YAKIMA 1 " ; AN AREA COMPRE a: i. NSA PLAN The 1997 Yakima Urban Area Comprehensive Plan (YUACP) designation for the subject property is High Density Residential (Map III -3, Future Land Use) The I-Egh Density Residential designation primarily allows for apartments and densely developed planned residential developments ranging from 12 and above dwelling units per acre. A limited range of other land uses may be permitted, such as some professional offices and community services. The proposed site design is not supported by Comprehensive Future Land Use goals and policies. YAKIMA a i1 AN AREA ZONING ORDINANCE 1 {uflti- Pa ®ehy r eside tial District (15.03.030(4) The multi - family residential district is intended to establish and preserve high- density residential districts by excluding activities not compatible with regular uses; locate high- density residential development more than twelve units per net residential acre in areas receiving the full range of urban services; locate high- density residential development near neighborhood shopping facilities; and locate high- density residential development so that traffic generated by the development does not pass through lower - residential areas. Structure Setbacks Structure setbacks are the minimum structure setbacks permitted in a particular zoning district with Class (1) review. In residential districts, structure setbacks are intended to provide privacy, light, air and emergency access. The applicant is requesting a 73% decrease in the rear yard setback standard for the R-3, Multi- Family Residential zoning district. The requested adjustment would allow a rear yard setback of four feet from the rear property line. Setbacks along easements and rights -of -way are intended to minimize the impacts from traffic on adjoining property owners. No structure shall be built or located on or in an easement unless written permission is obtained from the easement grantee (UAZO, Chapter 15.05.020 (D). A 10- foot wide public utility easement is located along the north property line, which was established by the plat of Chesterly Park Addition, recorded August 31, 1983. The applicant has submitted written statements from utility providers stating that they have not used nor do they intend to use the existing utility easement. However, the City of Yakima has no application to vacate the public utility easement at this location; nor has any utility provider submitted an application for the vacation of the easement. Subsequently, use of the easement by private property owners is not authorized. The existing addition encroaches upo l ; an established public utility easement, co i trarry to the provisions of Chapter 15.05 YMC. Also, the existing additio1 was constructed without proper permitting, contrary to the provisio 11 of Chapter 15.12.020, " > u; aired Permits, which states that no construction ,i pay be undertaken, whole or in part, without the issua ce of a develop , ' 'el t permit by the buuilding official. 4 Howard Huit 1004 N. 34 Avenue #7 UAZO ADM ADJ #29 -08 DOC. INDEX # C, -3 DEVELOPMENT SE , VICES TEAM (DST) This request was submitted for DST review at the meeting of September 17, 21 18. The following comments were received from DST members. Engineering/Mike Antijunti, Develop I entt Engineer This development is asking to adjust a rear yard setback. There is a 10' utility easement along the north line of this parcel. The proposal is to build a 22' building addition within this utility easement. This would put this 22' structure in the southerly 6' of this utility easement. Therefore Engineering does not encourage building in any easement and will not grant a variation for building in an easement. , TRANSPORTATION CAPACITY MANAGEMENT 0 sl =IINANCE The proposed development action will not impact the City Arterial street system. ENVIRONMENTAL REVIEW The proposed development action is categorically exempt from threshold determinations, subject to the rules and limitations on categorical exemptions contained in WAC 197 -11 -305. PUBLIC NOTICE Public Notice of the Application was provided in accordance with: YMC Title 14, Subdivision Ordinance, YMC Title 15, Urban Area Zoning Ordinance, and YMC Title 16, Development Permit Regulations. The application was received August 25, 2118_ Notice of Complete Application was mailed Septe iii ber 18, 2008. A Notice of Application was sent to the applicant and adjoining property owners within 500 feet of the subject property on Septew' ber 19, 2008 requesting comments on this proposal. The comment period ended on October 8, 2008. UTILITY PROVIDER COMMENTS Charter Commuunicatio s/Dave Myhre, Pla t Manager Charter Communications has a distribution line behind the property listed above. The conduit that we placed for our line is approximately 53 inches from the fence. It actually is in asphalt of the property to the north of 1004 N. 34s`. Avenue, Space #7. Pacific Power/Mike Paulson , Manager Pacific Power consents to waiver of the right to use the utility easement as specified above (re: parcel 181315- 14442), as of June 23, 2008. Cascade Natural Gas/Patti Cllueaatney, Right-of-Way Project Manager Cascade Natural Gas consents to waiver of the right to use the utility easement as specified above, as of June 13, 2008. 5 Howard Huit 1004 N. 34 th Avenue #7 DOC. UAZO ADM ADJ #29 -08 INDEX # _ � PUBLIC COMMENTS One public comment was received from an adjacent property owner in opposition to the requested administrative adjustment based on applicant's historical display of "disdain for proper procedure" and failure to obtain the proper permit. CONCLUSIONS Based upon a physical inspection of the site, comments received during the 20 -day comment period, and after examination of administrative adjustment request for compliance with the City of Yakima's Urban Area Zoning Ordinance, the Zoning Administrator makes the following conclusions: 1. This recommendation is based upon a project narrative and site plan received August 25, 2008. 2. Neighboring property owners have been mailed a Notice of Application, dated September 19, 2008, and have been invited to submit written and oral comments on the proposed administrative adjustment. The comment period lapsed on October 10, 2008. 3. The Administrative Official has jurisdiction to administratively adjust standards. 4. Current site design and layout does not meet the standards of the zoning district for rear yard setback, in accordance with Table 5 -1 UAZO, Site Design Requirements and Standards: 5. Compliance with existing rear setback standards does not allow for the placement of the proposed kitchen addition as desired by the applicant. 6. Location of addition is contrary to the provisions of UAZO Chapter 15.05 which prohibits the building or location on or in an easement without written permission from City of Yakima. 7. The construction of the addition was accomplished without the issuance of the proper development permit by the city's building official, contrary to the provisions of 15.12.020. 8. The requested adjustment would allow for a 73% reduction in the rear yard setback standard for the R -3, Multi - Family Residential zoning district. 9. The requested adjustment would result in a rear yard setback of four feet from the rear property line. 10. City water and sewer serves the site. 6 Howard Huit 1004 N. 34 Avenue #7 UAZO ADM ADJ #29 -08 DOC. INDEX # 6 -3 11. This development does not require Title 12 improvements. 12. City Engineering Division does not encourage building in any easement and will not grant a variation for building in an easement 13. Public comments were considered in making the final decision on this proposal. 14. The requested administrative adjustment is contrary to the goals, objectives, and development criteria for the zoning district as outlined in the Yakima Urban Area Zoning Ordinance. DECISION 1. Based upon the findings and conclusions presented above, this application for administrative adjustment of the rear yard setback standard in the Multi - Family Residential (R-3) zoning district is TOTIE DATED THIS 22nd day of October Bruce 3 ® • „,.. Acting Zoning Ad 1 , finis , :,, or NOTICE i I Ti 1 : :GIEIT TO APPEAL This decision shall be final unless appealed within 14 days following the mailing of the final decision. All appeals must be in accordance with Section 14.15.110 of the City of Yakima Subdivision Ordinance. Appeal forms may be obtained from the Department of Community and Economic ' evelopment and must be accompanied by the application fee for filing short plat appeals of $505. 7 Howard Huit 1004 N. 34 Avenue #7 -.DOC. UAZO ADM ADJ#29 -08 INDEX # G_ AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: UAZO ADM ADJ #29 -08 Howard Huit 1004 North 34th Avenue #7 I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 19th day of September, 2008. - That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. • • ' Rosalinda Ibarra Planning Specialist DOC. INDEX 181315- 14438 : -14439 , 181315 -14416 • ARLENE THORNTON BERTIE HOWELL - C & C RENTALS • 1004 N 34TH AVE # 3 • 1004 N. 34TH AVE APT 4 1081 SELAH HEIGHTS RD YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1069 SELAH, WA 98942 181315 - 14457. 181315 -14451 181315 -14437 CHESTERLY PARK DIV MAIN D ROY JR & MARIAN RICHARDS DANIEL T & JOANN PUGLIESE 1004 N 34TH AVE #1 1004 N 34TH AVE #16. 1004 N 34TH AVE APT 2 YAKIMA, WA 98902 -1069 YAKIMA,•WA,98902 -1073 YAKIMA, WA 98902 -1069 181315 -14440 . 181315 -14446 .181315 -14449 DARIUS G & SUSANNA R RUSTAD DEBORAH DAY EARNEST & MARY ARMSTRONG 1004 N 34TH AVE #5. _ 1004 N 34TH AVE APT 11 1004 N 34TH AVE #14 YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1073 • • 181315 -14444 181315 -14452 . 181315 -41478 FELIPE JR BARRERA FRAN .BIRGE. FRANK J & SHARON FITTERER 1004 N 34TH AVE #9 • 1004 N 34TH AVE # 7 803 N 53RD AVE YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 YAKIMA, WA 98908 • 181315 - .41480 181315 -41492 181315 -14442 FRANK J & SHARON FITT� ERER FRANK J ;,& SHARON_- TITTERER HOWARD F & SHERRY L HUIT 803 \N 53RD AVE_ 803 N 53RD AVE 1004 N 34TH AVE #7 YAKIMA WA 98908 • YAKIMA; WA 98908 YAKIMA, WA 98902 -1069 • 181315 -14441 181315 -14450 181315 -14447 JAMES E & JEANETTE POWELL. JAMES E & PATTI S GREENSLADE JOYCE LORRAINE RIKERD 1004 N 34TH AVE APT 6 1004 N 34TH AVE #15 311 N 36TH AVE YAKIMA, WA 98902 -1069 YAKIMA, WA 98902 -1073 • YAKIMA, WA 98902 -2227 181315 - 1445• . 181315 -14461 181315 -14413 LARRY L & FLORENCE BRODERSON LINN & ALDA KRAFT LN REAL ESTATE LLC 1004 N 34TH AVE APT 20 1014A N 34TH AVE 3020 WILLAMETTE DR NE YAKIMA, WA 98902 -1073 YAKIMA, WA 98902 -1082 LACEY, WA 98516 • 181315 -14443 181315 -41494 181315 -41495 MARGARET J BROWN MONTE SCACCO . MON,TE SCACCO . 1004 N 34TH AVE APT 8 PO BOX 2854 PO t g0X 2854 \_ YAKIMA, WA.98902 -1069 . YAKIMA, WA 98907 YAKIMA; WA 98907 . 181315 -41498 7 181315- 4149.9 181315 -41476 4ONTE SCACCO ` MONTE SCACCO NOEL E & LORRAINE OLSEN ?0 BOX 2854. '� PO BOX 2854'. 90 BERTSCH CI• (AKIMA.," WA 98907 YAKIMA; WA 98907 NACHES, WA 98937 -9622 • _81315 -41477 ' .` 181315 -14428 181315 -14468 JOEL E &' LORRAINE•,OLfEN PARK MEADOWS LLC PARK MEADOWS LLC 1 )0,BERTSCH'CIR.•• 1214 N 20TH AVE 1214 N 20TH AVE IACHES, WA 98937 -9622 YAKIMA, WA 98902- 120 YAKIMA- WA 98902 -1209 INDEX .81315-41481 181315. -14456 . - `o_- 18 1315 -41493 .AYMOND & PAMELA DBA /R & P INV N RICHARD H HUEBNER RICHARD M &'WENDY E HILL TRUST. 00 ABBESS LN 1004 N 34TH AVE #21 PO BOX 576 AKIMA, WA 98908 YAKIMA, WA 98902 -1073 . CLE ELUM, WA 98922 -0576 181315 -41474 181`315- 41475 181315 -14460 RONALD D & PATRICIA OLSEN RONALD D, &'RATRICIA,OLSEN RUDY &HENRIETTA GASPARAC 701 MADISON AVE 701\MADISON AVE,. 2007 EVERGREEN CT YAKIMA, WA 98902 YAKIMA,_ WA 98902 YAKIMA, WA 989021200 181315 -41479 - 181315 -42010 181315 -14454 RUTH V SCHROEDER TRUST SUMMIT PROPERTIES PTNSHP THOMAS & NANCY BARCUS 2565 DEXTER AVE N # 405 PO BOX 12960 1004 N 34TH AVE SEATTLE, WA 98109 -1954 MILL CREEK, WA 98082 -0960 YAKIMA, WA 98902 -1072 181315 -41473 • 181315 -14436 181315 -14410 TYSON A SCHIESSL WAYNE & LINDA FUNKHOUSER WHISPERING PINES MHC LLC 23826 SE 59TH ST 1004 N 34TH AVE #1 1700 ADAMS AVE # 212 ISSAQUAH, WA 98029 YAKIMA, WA 98902 -1069 COSTA MESA, California 92626 -• 181315 -14470 181315 -14470 181315 -14453 WHITT'S CHESTERLEY COTTAGES LLC WHITT'S CHESTERLEY-,COTTAGES LLC WILHELMINA M KAPP 401 N VIRGINIA ST 401 N'-VIRGINIA -ST 1004 N 34TH AVE #18 TERRELL, Texas 75160 TERRELL, Texas 75160 YAKIMA, WA 98902 -1073 181315 -14445 181315 -14448 181315 -14469 WILLIAM H & ANITA RIVERA WILLIAM W & BARBARA GROVE YAKIMA ALZHEIMER'S CARE, L.L.( 1004 N 34TH AVE # 10 3802 W 43RD AVE PO BOX 3006 YAKIMA, WA 98902 KENNEWICK, WA 99337 -2664 SALEM, Oregon 97302 • Cindy Noble. 5609 West Arlington 181315 -13001 181315 -14467 Yaki WA 98908 YAKIMA CITY YAKIMA SENIOR CARE LLC 129 N\2NDJST ma, PO BOX 3006 YAKIMA;' = WA 98901 -2613 SALEM, Oregon 97302 -3006 . E �, `' Charter Communications 50 labels printed for map sheet.huit r \L s Attn: Dave Myhre ,r y. ,:- , €, • \ , L .) 1005 North 16th Avenue ° -� - ! s . t G! Yakima, WA 98902 ° Is '• i • E �^ t a `i E • i. • • • DOC. INDEX # C - 2-&- In -House Distribution List Royale Schneider City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti Carolyn Belles City Clerk Engineering Codes DECISIONS ONLY Mike Shane Ron Melcher Sandy Cox Water /Irrigation Fire Dept. Codes DECISIONS ONLY Joan Davenport Binder Traffic Engineering Office of Neighborhood and DECISIONS ONLY Development Services Jerry Robertson Codes For the RECORD / FILE DOG. INDEX NOTICE OF APPLICATION DATE: September 19, 2008 TO: Applicant and Adjoining Property Owners FROM: William Cook, Director SUBJECT: Notice of Application to adjustment rear yard setback standard in the R -3, Multi- Family Residential zoning district (ADM ADJ #29 -08). NOTICE OF APPLICATION The City of Yakima Department of Community &Economic Development has received an application from Howard Huit to adjust the rear yard setback standard at 1004 N. 34 Avenue #7, Yakima. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. REQUEST FOR WRITTEN COMMENTS Your views on this proposal are welcome. All written comments received by October 9, 2008 will be considered prior to issuing the final decision on this application. Please mail your comments on this project to: William Cook, Director City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901 Please be certain to reference file number or applicant's name in your correspondence. (Huit, ADM ADJ #29 -08) - NOTICE OF DECISION A copy of the decision will be mailed to you after the end of the 20 -day comment period. If you have any questions on this proposal, please contact Vaughn McBride, Associate Planner, at (509) 576 -6315. Other Permits Required: Building permit, Business License. Encl.: Narrative, Site Plan, Mailing and Vicinity Maps DOC. INDEX Lj -Z I _ "•`�ac -,, DEFA�R MEN 1 OF COMMUNITY AND ECONOMIC D., . Y EEOFMENT . Q� F�y,tll i ,� e r 'r Planning Division f 4t ' , ' r 129 North Second Street, 2nd Floor Yakima, Washington 98901 g I , r l x , (509) 575 -6183 e Fax (509) 575 -6105 a www.ci.yakirna.wa.us r a 1'11 ��' vkL ``Y �,M$F Date: September 18, 2008 To: Howard Huit 1004 N. 34 Avenue #7 Yakima, WA 98908 Subject: Determination of Application Completeness - UAZO Adm Adj #29 -08 Proposal: Adjust rear yard setback standard in R -3 zoning district Parcel No. 181315 -14442 Your application on this matter was received August 25, 2008. Following a September 17, 2008 review of your application submittal by Planning Department staff and Design Services Team (DST) members your application is determined to be complete as of the date of this letter. Continued processing of your request will include, but is not limited to the following . actions: 1. A Notice of Application will be sent to all property owners within 500 feet of the subject property on September 19, 2008. This notice is followed by a 20 -day public comment period that will end on October 8, 2008. Shortly after the close of the comment period a preliminary decision will be issued and sent to all parties of record and all property owners within 500 feet. Any appeals of your decision must be filed within 15 days of this approval. 2. You will have eighteen months from your approval date in which to comply with any conditions of approval of this application_ If you have any questions regarding this matter, you may contact me at 575 -6315. Sincerely, V aughn C. McBride, EDFP Associate Planner DOC. INDEX Yakima ' To � 6_( 1994 • yt , • 4 RECE ®8 2008 � r ! rter ` , i �{ C I TY OF YAKINI CO : U 0 �A p ®� PLANNING DIV. A WIRED WORLD COMPANY ir::73.509 T ®a DYA a P1'11" Charter Communications Yakima Washington Tri-State Group Faun 5 - (D 5 7 6, Pages: o� Ph # Date: _ 0 g' • DOC. INDEX 'd E98ISG560S Jaq..leyo d6b:2I BO BO daS RECEIVED s;:`... SEP 0 8 2008 z, f` ' Jk fter CITY ®f Yp1GCli1��a PLANNING DIY. � ao:an n.n,rt C.w•.... September 8 2008 This letter is a follow up to the information requested regarding the address of 1004 North 34 Ave space # 7. Charter Communications has a distribution line behind the property listed above. The conduit that we placed for our line is approx. 53 inches from the fence. It actually is in the asphalt of the property to the North of 1004 North 34 Ave space # 7 Thank you. Dave Myhre Charter Communications 1005 N. 16 Ave Yakima, Wa 98902 509 -494 -7711 • DOC. INDEX ! G i Z'd E98TSGS60S jag-Jet-10 dgb:2i 80 80 daS HOWARD HUIT APP #003 -09, APP #003 -08, ADJ#029-08 EXHIBIT LIST CHAPTER H Public Hearing DVD's E �A" s > < '` 3� arc` x" 14 d -C 10' y� tar ' _ b a37-4 '� 4„,“;.,1,* A� , .,.. � �^ �. �'� k i r .� �i"� z.,-'�w p > �- t. �� ,,. `�"�.�` n ,�y y i „ a j # '� c v' -5".s � - r '„�kas`' `' # . '. i t d` "#� "} '`m,." �rq" '"` ;, ` V§ +-.. '" :. _'.9 Lac -aaz s.:2?.a3`., ,� ikg At .-is ,-e .�_: »,."`r`. a_. ,.. kr za.. a - � z�3.'a' w', ' a .� „ s• x z... ;.�,,,. >�H E..� a4,. , , �' i �.. H -1 DVD: Hearing Examiner Public Hearing 01/22/2009 H -2 DVD: Hearing Examiner Continued Public Hearing 02/12/2009 11-3 DVD: Hearing Examiner Continued Public Hearing 02/26/2009 HOWARD HINT APP #003 -09, APP #003 -08, ADJ #029 -08 CHAPTE R' H: PUBLIC HEARING ARING DUDS The DVDs of the Hears i$ g Examiner Public Hearings are available i r tie Pla ni g Divlsio i upo I : request.