100 2ND AVE S (2).pdft
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CITY OF EDMONDS
BOARD OF ADJUSTMENT
APPLICATION FOR VARIANCE
FILE # I/-5`�'-77
,DATE 11 /o? --7 7
FEE $25.00
REC'T # //5z
HEARING DATE: _1�'"�� —177
APPLICANT: Charles W. Korten ADDRESS 19922 Maplewood Drive PHONE: 774-1984
Indicate type or degree of interest in the property: Lessee
OWNER: Douglas Hager ADDRESS: 11515 - 236th Pl. SW PHONE: 546-1313
LOCATION OF PROPERTY (ADDRESS) 100 - 2nd Avenue South
LEGAL DESCRIPTION OF PROPERTY: On records in building department
LEGAL DESCRIPTION CHECKED & APPROVED
USE ZONE: By Planning Department
ZONING ORDINANCE REQUIREMENT:
VARIANCE REQUESTED: installation of necessary kitchen vents and fans on roof
of building.
STATEMENT OF
CONDITIONS
AND REASONS
FOR REQUEST,
IN
ACCORUNCE WITH STANDARDS AND
CRITERIA
ATTACHED:
Fans and
return air
necessary
to
comply with building and
fire codes.
STATE OF WASHINGTON)ss.
COUNTY OF SNOHOMISH) r
gnatureXf Applicant, Owner or Representative
On this date, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared Charles W. Korten ,who,
being duly sworn, on his/her oath deposes and says that (s)he has prepared and read the fore-
going statements and has acknowledged to me that the recitations contained therein are true,
and has signed this instrument as his/her free and voluntary act and deed for the purposes
therein mentioned.
Subscribed and sworn to before me this ay of 19 77 .
residing apt
Edmonds
Not ry P blic in and for the State of Washington.
ALLEGATIONS OF APPLICANT
POINT 1. The following are the special circumstances which apply to my property
which deprive me of rights and privileges which are enjoyed by other properties in
the vicinity under the identical zone classification.
Height of building was established before present code
in effect. Other necessary building equipment is already
located on roof of building.
POINT 2. The variance I am requesting will not be detrimental to the public wel-
fare or injurious to the properties or improvements in the vicinity of a zone in
which my property is located because:
Height requirement for hood fan is 40 inches. Due to set back
from roof,
fan
will essentially not
be visible from street..
Equipment
will
be painted to blend
with background.
POINT 3. If this variance is not granted, an unnecessary hardship will continue
to the owner of this property, the cause of which is beyond his control because:
Height of building cannot be changed.
POINT 4. So as not to grant a special privilege to me by the granting of this
variance I submit the following conditions to be imposed so as not to cause in-
consistencies with the limitations upon other properties in the vicinity and zone
in which I am located.
Necessary on building -- equipment for public safety, fire
and environmental regulation should be permitted on roof
and not included in usable height of building.
. J • mow.
f •' '11 r
Record of Findings of Fact by Board of Adjus_cment
The Board of Adjustment for the City of Edmonds finds in the case of
Y File No.�I ST-7 7 , request for variance at
the following:
1. That notice was given according to Code requirements, and Affidavits attesting to same
are in the file.
2. That the foregoing set forth Standards and Criteria each have/have not been met.
3. In addition thereto,
4. Therefore, the request for variance is Dentet/Granted, subject to the following special
conditions:
. I �J �'; rv___' t .O-r .fi 64..tiCli✓ Ld ��K4GC� ' /H""" �OS`'=i
5.
Section 12.1 6.110 "----and if a bu ld�permit and/or occupancy M rmit is not obtained_
for Lhe subject property within one year from the date of the Board's decision, the con
ditional use permit or variance shall be automatically null and void.---
' �4p
6. Decision shall be effective on: •
Mate
�C40
DATED: MTV l6 i t4 `17- Chairman, Board of Adju ent
DATA
Date of Application: Date of Nearing:
Date of Publication: /� �� _� 7 Continuances:
Date of Posting:
Date of Appeal from Decision of the Board:
Secretary, Board of us tment
RECEIVED
Nov 101977
City of Edmonds
Community Q". Deal
Harbor Building
100 Second Avenue
Edmonds, Washington 98020
Telephone (206) 776-3000
November 9th., 1977.
Mr. E. Joseph Wallis, Director,
Community Developement Department,
City of Edmonds.
Dear Mr. Wallis:
Your letter of October 26tho is before me for reply.
1. Mr. Nels 0. Lindh the propri4tor of Okerberg Products has been told to make
other arrangments for his parking requirements. The few parking spaces in the
adjacent parking lot off the rear alley will be used by tenants and customers
of the Harbor Building.
2. My wife and'I have sold the Harbor Building with title to change hadds on, or
before, December 31st-9 1977- Consequently I have told Charley Korten that I
am not going to be concerned with his contemplated restaurant move to the top
floor; that decision will be made by the next owners. Those that are to buy
this building have told me that the restaurant is going to stay.exactly where
it is now.,
3. Charley Korten tells me that he has satisfactorily answered this but if you wish
further verification from me, just let me know.
With the decision firmly made that the festaurant will not move to
the top floor there appears to be no need to hold an Open Hearing because there
is simply nothing to talk about. I will be much obliged if you would have
someone remove the notices that have been posted around my building.
I trust that these answers are satisfactory to you.
With kind personal regards, I remain,
Sincerely yours,
Douglas W. Hager
HARBOR HOUSE RESTAURANT '
Second 6 Main 9trects
Edmonds, OVA 98020
November 8, 1977
E. Joseph Wallis, Director
Community Development Department
City of Edmonds
Civic Center
Edmonds, Washington 98020
Dear Mr. Wallis:
We have received our copy of your letter to
Mr. D. Hager in reference to parking requirements for
the Harbor Building and dated October 26, 1977.
The restaurant use of additional floor space
as a banquet.facility has been agreed to between myself
and Mr. Hager as an occasional use of an unoccupied area.
There is no lease agreement for the permanent use of
this area for the restaurant and we regard it as a tempo-
rary arrangement.
It was my opinion that parking requirements for
the building were originally established with a restaurant
occupancy of the entire third floor. As part of our -con-
versation in your office on October 31, it was agreed that
your office would ask for a clarification of parking re-
quirements based on occupied space within the building
rather than total floor space. That is, an area of
approximately 4500 square feet rather than 6000 square
feet on each floor.
Sincerely yours,
HAR1B9P, HOUSE RE TAURANT
Charles W. Korten
Property owners within 80 feet
100 2nd Avenue South, Edmonds,
Powell, Onsiad Hansen
114 - 116 2nd South
Fred S..Eve
P. 0. Box 0
202'Main Street
Anna M. Sonnichsen
13005 Corliss Avenue N.
Seattle, Washington 98133
(owner of 110 Main St.)
it
:q
la
of Harbor Building,
Washington:
a ty
to
:R 'q S
arli,
K r.
CLASS 3 PROJECTS
ADB-91-77 SHELL OIL COMPANY - Canopy for pump island at 220th and Highway 99 (CG)
s Mrs. Block said a variance had been granted for the purpose of con-
structing the canopy, the cover going right to the edge of the right-
of-way. She felt this would not have a major impact on the aesthetic
character of the City. She showed slides of the existing gas station
and of a canopy similar to that proposed. She noted that the plans
indicated white rock would be used on the top but, in fact, it would be
enameled. MR. LaFON MOVED, SECONDED BY MR. SELVIDGE, TO APPROVE ADB-91-77.
MOTION CARRIED.
ADB-98-77 HOWARD PECK CONSTRUCTION COMPANY - Addition to La Casita Restaurant at
23131 Highway 99 CG
Mrs. Block said the existing building does not meet the setback require-
ment, but she proposed addition will, being 40' back from the highway.
One -parking place was proposed on the front which was not acceptable
to the Engineering Department because it would require backing out onto
Highway 99, so the Staff recommendation was for approval without the
additional parking space. MR. LaFON MOVED, SECONDED BY MR. SELVIDGE, TO
APPROVE ADB-98-77 WITH THE DELETION OF THE ADDITIONAL PARKING STALL
IDENTIFIED BY MRS. BLOCK. MOTION CARRIED.
1
CONTINUED AGENDA
ADB-86-77 BEN HOLT INDUSTRIES- Site Review and Landscaping of 17-unit apartment
complex at 22211 - 76th Ave. W. (RML)
This item had been heard at last month's meeting but did not meet Code
requirements. Mrs. Block said the area was adequate with the bonus
density and the setbacks appeared to be adequate. Thirty-four parking
spaces were provided, and lot coverage was satisfactory. Required
recreation area was 2,200 sq. ft. and they had provided in excess of
3,656 sq. ft., located throughout the site area. Mrs. Block presented
some additions to the plans. She said Mr. Holt had planned to apply for
a variance, but the Engineering Department decided it would not have been
practical, so the parking design had been reworked and no longer would
require a variance. Mrs. Block thought the new parking plan would be
less involved and it would be more straightforward to go with the plan i
that did not require a variance. She said the circulation was satis-
factory and the parking adequately screened. Some trees and plantings
had been added and the larger existing trees were now located on the plan.
Dividers had been placed between the front doors to the apartments to i
create privacy, and high dividers also had been placed between the .
patios for privacy. Mrs. Block noted a 8' Hawthorne tree and a 35' Fir
which she felt should be retained, adjusting the parking for smaller
cars where these trees were located. She felt preservation of these trees
was important because of the view from the apartments looking onto the
parking area. Mr. Holt had no objection to retaining those two trees.
MRS. BERNHOFT MOVED TO APPROVE ADB-86-77, MR. LaFON AMENDED THE MOTION TO
INCLUDE PRESERVATION OF THE HAWTHORNE TREE AND FIR TREE BY ADJUSTING
THE PARKING SPACES AT THOSE TWO LOCATIONS, AND THE MOTION WAS SECONDED
BY MR. SELVIDGE. MOTION CARRIED. r
REGULAR AGENDA
ADB-92-77 HARBOR HOUSE - Kitchen hood fans on roof of Harbor Building at 100 2nd Ave.
S. BC
Mrs. Block said the Harbor House Restaurant is proposing to move to the
top floor of the building from the first floor. As a necessary part
AMENITIES DESIGN BOARD
Page 2 - October 5, 1977
A
of the move they want to put two exhaust fans on the roof. Mrs. Block
said the Staff originally thought that because the vents would be inter-
spersed among the air conditioning units on the roof this item could be
placed on the Consent Agenda. However, there had been a change in
the.Code precluding this type of unit on the roof. An 18" vent is all
that is allowed and Mrs. Block said they would have to get a variance
for their proposal. Inasmuch as they were already scheduled for this
meeting, she asked that they still appear in order to get the Board's
reaction to their proposal. One exhaust fan would be 4' across and 4'9"
high, and the second would be 32" in diameter and 30" high. Mrs. Block
noted that much of the top of the building is visible from the top of
the hill and coming down Main St. The applicant said they were investi-
gating the possibility of putting the kitchen on the other side of the
building, in which case the fans would be the same distance in from the
roofline but on the other side. In that event the fans would be on the
south side of the building and would be less visible. MR. LaFON MOVED
THAT ADB-92-77 BE APPROVED, SUBJECT TO THE APPLICANT'S RECEIVING A
VARIANCE. MR. SELVIDGE SECONDED THE MOTION, NOTING THAT.THE-BOARD.,OF.,
ADJUSTMENT SHOULD BE NOTIFIED OF THE AMENITIES DESIGN BOARD'S ACTION.. MOTION
CARRIED.
ADB-93-77 J. E. SIGN COMPANY - Site review and sign for new building at 9910 Edmonds C
Way (BN)
Mrs. Block displayed a colored rendering of the proposal. She noted that.
access to this site is through the Totem Fish and Chips site and that the
applicant had a 20' easement from Edmonds Way back to his site. She
noted that it was unusual not to have direct street frontage and that the
main setbacks were the rear and side yard setbacks. The proposed building
would be 17' high, of concrete block with wood trim. She said it appeared
to be compatible with the Totem Fish and Chips building directly in front
of it, noting the use of cedar shakes.would be repeated on this building. i
She said they proposed natural colors and a large graphic sign on the
side, with a directional sign on Edmonds Way. The graphicswere proposed
to be in chocolate brown and rust, and she displayed color samples. She
noted that the band in the graphic would meet the band on the front of
the building. She felt there could be better pedestrian access to the
parking lot, but the applicant pointed out that there was access through a
flower.bed to the parking area she was addressing and that that particular
area was the employee parking area. Mrs. Block said 60'sq. ft. of signage
was permitted, and that amount was proposed. The applicant noted that the
directional sign would fit into the flower bed. Mrs. Block noted that
there was one parking space on the northern property line that would have
to be screened. The applicant indicated that he and the owner of Totem E'
Fish and Chips had not yet agreed on the height location of the Edmonds
Way directional sign. Mr. LaFon suggested that the rear parking be 90°
stalls instead of 45' for ease in getting out of them. MR. LaFON THEN
MOVED, SECONDED BY MR. SELVIDGE, TO APPROVE ADB-93-77 WITH THE PROVISION
THAT THE PLACEMENT AND HEIGHT OF THE EDMONDS WAY SIGN AGREED UPON BY THE
TWO PARTIES BE APPROVED BY THE PLANNING DEPARTMENT AND THAT SITE SCREENING
BE PROVIDED FOR THE NORTH PARKING STALL. MOTION CARRIED.
ADB-94-77 DONALD WESTLIN - Site Review for six -unit condominium at 518-524 Bell St. (BC)
Mr. Westlin would have had to be excused from this hearing, resulting in
not enough members for a quorum. Therefore, it was agreed that the Planning
Department would set a special meeting to hear this application.
ADB-95-77 MARLOW BUMPUS - Site Review for duplex at 7616 and 7618 202nd P1. S.W. (RD)
Richard Kirschner, the owner of the property, was present for this item.
However, Mrs. Block stated that there was a severe problem with the parking
and it did not meet Code requirements, so she had not reviewed the balance
of the application. She had advised Mr. Kirschner of this, and she recom-
mended that he come to next month's meeting with the parking problem
AMENITIES DESIGN BOARD
Page 3 - October 5, 1977
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NOTICE OF HGNRING PETITION
FOR VARIANCE -
BY EDMONDS BOARD OF ADJUSTMENT
All interested persons are hereby notified that Wednesday, the
16th day of November 19 77 , has been set as the
date for hearing petition filed by Charles W. Korten
for a variance from allowable
building height for kitchen vents and fans on roof
of building
at 100 Second Avenue South
said property being zoned BC
J
f
1t
,
Said hearing will be at 7:30 P.M. .in the Council Chambers of the
Civic Center, Edmonds, Washington before the Board of Adjustment
and all interested persons are invited to appear.
IRENE VARNEY•MORAN
City Clerk, City of Edmonds
FILE NO-: V-58-77
PUBLISH: 11-2-77
6i%1
AFFIDAVIT
STATE OF WASHINGTON ss
COUNTY OF SNOHOMISH
THOMAS J. COAD, being first duly sworn, on
TRIBUNE -REVIEW, a weekly newspaper. That said
by Court Order No. 38282, and is now and has been for
after referred
newspaper in
said time was
of said
PUBLICATION
deposes and says that he is the Publisher of the EDMONDS
spaper is a legal newspaper and has been designated as such
re than six months prior to the date of the publications herein -
published in the English language continually as a weekly
homish County, Washington, and it is now and during all of
ted in an office maintained at the aforesaid place of publication
and that it was of general circulation in said Snohomish
County
That the annexe is a true copy of a NOt i C e of Hearing
Petition rile V-58-77
as it was published in regular issues and not in supplement form) of said news-
paper once each week for a period of one MUWXj= weep,
commencing on the 2nd day of November 1977
and ending on (the day of , 19
both dates inclusive, and that such newspaper was regularly distributed to its
subscribers durling all of said period. That the full amount of the fee charged
for the foregoing publication is the sum of $ 2.56 , which amount has
been paid in full, at the rate of $ 2.00 a hundred words for the first insertion
and $ hundred words for each subsequent insertion.
2nd November 1977
Subscribed and (sworn to befor this . day kl?�� / x2a
Notary Public in and for tiie'State of Washington, residing at XAMNOWWash.
Lynnwood
Ew
0'00�ICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A
PUBLIC HEARING WILL BE HELD BY THE
......BOARD.OF.ADJUSTMEN.T.................... .....
..................
AN APPLICATION HAVING BEEN FILED FOR....... ........ • • • • • • • • • • • -
. ..
VAR1.A��G�. FRO�'1.A�I�4�P��•,E► B�►��DN HEIGHT. FOR • ..... . .
KITCHEN •VENTS •AND • FANS • ON .ROOF• OF BUILDING • • • • • • • • • • • • • ,
................................................. .....
...............
PROPERTY DESCRIPTION OR ADDRESS: ........................ ..
V NU SOUTH
................................... .......................... ....
ZONE CLASSIFICATION: . BL ................................................ .
TIME &DATE OF HEARING..7.:30.P.n........ WEDRESDAY.... MEMBER. �.6...��7.7
TIME DAY DATE
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC
CENTER, 5th AVENUE AND BELL STREET. ANY PERSON INTERESTED IN THIS
PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT. COMMENTS
CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR INFORMATION IVIT THE
MEETING, IN PERSON OR IN WRITING. ADDITIONAL
OBTAINED AT THE PLANNING DEPARTMENT (PHONE 775-2525 EXT. 227). IN THE.
EVENT THE AGENDA IS NOT COMPL ETUDE REGULAR MEETING THE ABOVE DATETHE
THE SAME
HEARING WILL BE CONTINUED TO TH
TIME AND PLACE.
FILE NO. A-.5S-77........... PUBLISHED .......... 11.?. 77.. .
The removal, mutilation, destruction, or
.. AKEL Mconcealment of this notice prior to the date
im ® of the hearing is a misdemeanor punishable
sMNby fine and imprisonment.
I
FILE NO. ya2u-
APPLICANT KORTEN
AFFIDAVIT OF POSTER
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH ; -
MARY Lou BLOCK being first duly sworn,
on oath deposes and says:
That on the
d 191J, the
An--� ay 0
attached Notice of Public Hearing was posted as prescribed by Ordinance,
and in any event, in the Post Office and Civic Center, and where applic-
able, on or near the subject property.
Signed
e�
Subscribed and sworn to before me this-4:-day of
19
State o
Notary Public in and for the S ta
Washington residing
N1 I
PLANNER'S VARIANCE REVIEW FORM
APPLICANT:(' �•B
ADDRESS:I ()1) 9 `C4
VARIANCE REQUESTED
t46M . ee-� �y Lne
ZONING CODE REQUIREMENT:�o
O.1
u -w
OTHER PERTINE T FACTS:\
VARIANCE CRITERIA - Section 12.16.100
1. Does this amount to a rezone? D
2. a Are there conditions and/or c'rcumstances not generally applicable to other
lands. in the same district? �,1/� Q�,r�_►�1 -
(b) Would strict enforcement of the zoning code deprive the property owner of rights
commonly enjoyed by other properties in the same district? V r
3. D the special co itions result fr& the actions of the app scant.
w�
4. Are there unnecessary ha ships and pract cal difficulties vhi repde,; it difficult
to carry ou the provisions of the zoning code?.)ff �.(�.✓ t
5. Wil the granting of the variance be detrimental to the health, sa ety or elfare
of property owners in the vicinity?_��'^� =�
_a . N n _ n ®
v �
' variance that will make ssible the reasonable use of land?
Is this the minimum
AAQ
7. Will the gran ing of the variance generally be in harmon and comps ib'le-wi'l this
zoning code?
- � sir K.c..-✓ � r'�e—I
Plan er's Variance Review 11/76
public portion of the hearing.was then opened. George Sullivan of
15825 75th P1. W., the applicant, said the principal reason for this
was for the sake of his youngest child. He said they had sold their
present home at the suggestion of the child's doctors. He said they
had spoken to all the neighbors in the area before applying for the
variance. George Pease of 8127 Talbot Road, one of the abutting neigh-
bors, said he had no objection to the variance as set forth. He said
his house was built in 1961, just before becoming a part of the City
(a question had been asked regarding when the existing homes had been
built). Eric Johnson of 8211 Talbot Rd., the other abutting neighbor,
also said he had no objection to the variance. His home was built in
1950. Mrs. Block suggested it might be well to determine the height
the applicant proposed for his home and make that limitation a provision
of the variance. Mr. Sullivan said his home should not exceed the height
of the Pease home, which is one story with a gabled roof line. (The one
story height is on the street side.) Mr. Sullivan said a one story home
with a basement would be perfectly acceptable. The public portion of
the hearing was then closed.
Mr. Robinson asked what portion of the proposed house would encroach
into the setback. Mr. Sullivan said it would be the walls of the home.
Mr. Hovde said he thought this met all of the variance criteria except
for the property owner being deprived of rights and privileges of others
in the neighborhood, but he thought the applicant's actions to keep the
neighborhood in harmony and to try to construct in a practical manner
and be considerate of the neighbors overrode that. Therefore, he felt
all the criteria were met. Mr. Robinson pointed out that there was
still the problem of its not being a minimum variance as there was still
a large piece of property available and the topography was not extremely
bad. He said, however, that it was a question of whether this was a
minimum variance that would do the job for them under the family circum-
stances. Mr. Roy pointed out that the neighbors had come down to say
they did not object, and they probably would lose more privacy and sun-
shine if this were to be a two-story house within the setback requirements.
City Attorney John Wallace advised that if the Board was relying upon
the applicant's representations as to height of the residence and the
Board was inclined to grant the variance on those representations, the
Board must make those conditions of the approval. MR. ROY THEN MOVED,
SECONDED BY MR. LERAAS, TO APPROVE V-64-77, WITH LIMITATIONS, AS IT
WOULD BE COMPATIBLE WITH THE NEIGHBORHOOD, MEETING THE CRITERIA BECAUSE
OF THE HARMONY IT WOULD CREATE IN THE NEIGHBORHOOD IF LIMITED TO ONE
STORY AND A BASEMENT AND LEAVING A MAXIMUM VIEW; THE LIMITATIONS ON THE
APPROVAL TO BE: HEIGHT TO BE LIMITED TO ONE STORY AND A BASEMENT, AND
A NORMAL ROOF -- NOT GREATER THAN A 5 IN 12 PITCH ROOF. MOTION CARRIED,
WITH MR. ROBINSON VOTING NO BECAUSE HE DID NOT BELIEVE IT WAS REASONABLE
TO MAKE IT A ONE-STORY RESTRICTION. A short recess was announced.
V-58-77 CHARLES KORTEN — Variance from allowable building height for kitchen
vents and fans on roof of Harbor Building at 100.2nd Ave. S. (BC) , .
Mrs. Block said the proposal was to put two additional mechanical units
on the roof of the Harbor Building along with th^ existing units. The
two additional units would be an exhaust hood fan and an exhaust fan.
The desire is to rolocate the restaurant to the third floor, and they
must duct to the exterior of the building and install fans. She said
the only projections allowed above the 35' height limitation are vent
pipes, chimneys, and elevator penthouses. The fans are now mounted on
the west wall of the building between the first and second floors. This
would not amount to a rezone. It is a rather unique situation and does
not apply to other properties in the area. Strict enforcement of the
Zoning Code would prevent the applicant from moving to the third floor,
or he would have the alternative of mounting the units at some other
location. The special conditions do exist as the result of actions of
the applicant. The requirement for the fans is established by Building
EDMONDS BOARD OF ADJUSTMENT
Page 4 - November 16, 1977
MW
ell -
and Safety Codes. Mrs. Block said it would be difficult to locate the units
elsewhere and it probably would not be any more attractive to have them
located somewhere else. She said the Staff recommendation would be dif-
ferent if these were the first units to be placed on the roof, but these are
proposed to be clustered with existing units and should be less obtrusive
than if placed elsewhere. She said the property presently is being
used in a reasonable manner and this would not chance, it. The proposed
units did not appear incompatible because of the a sting situation on
the roof and because these would not exceed those already in place.
The Amenities Design Board had approved this application, and Mrs. Block
recommended approval. She showed slides of the roof profile. The applicant
said his original idea was to locate the kitchen on the northeast corner
of the building, but after some study they felt the views from that side
'
of the building would be better and it would be better to put the kitchen
on the southeast corner of the building. The Amenities Design Board had
also liked that suggestion better. Mr. Korten said the structures in the
photograph were approximately 7' high and the top of the proposed fan
would be about 42' high and with the setback would not be visible from
the street level. He said that although the Amenities Design Board had
preferred the kitchen to be on the southeast corner, they had not made that
a condition of their approval. The public portion of the hearing was
opened, no one wished to speak, and the public portion was closed.
Mr. Roy pointed out that these structures would be seen from a distance,
even though they would not be visible from the street. Mr. Robinson agreed
that they would cut into the horizon and he noted that there had been a
lot of controversy about the building when it was constructed. He said
anything that goes up on that roof should be kept as unobtrusive as
possible, using the same color as is used on the existing equipment. He
said'if this equipment is a requirement .for a restaurant, it should be a
part of any motion to approve that the equipment should be removed when
there no longer is a restaurant there requiring.it. Also, since any
sight pollution affects most people driving west down Main St., he thought
it would be nice, if possible, to place any equipment directly east or
directly west of the existing equipment, so as not to intrude any more
into the horizon. He said he would like to see this done unless it is
not practical from an engineering point of view. Mr. Hovde said the
aesthetic views of mechanical equipment 30' in the air get blown all out
of proportion, but that equipment is necessary for the comfort of the
people. MR-. ROBINSON THEN MOVED, SECONDED BY MR. HOVDE, TO APPROVE V-58-77
IN THAT IT DOES SEEM TO MEET THE CRITERIA FOR THE GRANTING OFA VARIANCE,
AND THERE ARE SPECIAL CONDITIONS AND CIRCUMSTANCES EXISTING IN THAT THE
BUILDING IS THERE AND THE RESTAURANT IS ALREADY THERE AND IS A NICE PART
OF THE COMMUNITY. HE SAID THEY WOULD LIKE TO RELOCATE IN THE BUILDING
FOR SOUND REASONS, AND IN THIS CASE THE CONDITIONS ARE RESULT OF THE
OWNER'S ACTIONS BUT NOT A RESULT IN THAT HE DID NOT HAVE CONTROL OF THE
ORIGINAL HEIGHT OF THE BUILDING. HE FELT THERE WOULD BE A HARDSHIP AND -
PRACTICAL DIFFICULTIES WOULD EXIST IF THE APPLICATION WERE DENIED, HE
DID NOT FEEL IT WOULD BE DETRIMENTAL TO THE PUBLIC OR INJURIOUS TO THE
AREA, AND HE FELT IT WAS THE MINIMUM VARIANCE POSSIBLE TO ACCOM4IODATE
THIS TENANT. MR. ROBINSON PLACED CONDITIONS ON THE APPROVAL THAT THE
EQUIPMENT BE PAINTED THE SAME COLOR AS THE OTHER EQUIPMENT ON THE ROOF
OF THE BUILDING, THAT UNDER NO CIRCUMSTANCE SHALL IT EXCEED THE HEIGHT
OF THE EQUIPMENT ALREADY THERE, AND THAT THIS SPECIALIZED EQUIPMENT PUT
THERE FOR RESTAURANT USE SHALL BE REMOVED WHEN THERE NO LONGER IS A
RESTAURANT IN THE BUILDING FOR A PERIOD OF SIX MONTHS OR NO ARRANGEMENTS
MADE FOR A NEW RESTAURANT TENANT IN THAT PERIOD. MOTION CARRIED.
There was no further business to come before the Board, but Chairman Bailey reminded
the Board of the special meeting to be held November 30. The meeting adjourned at
9:15 P.M.
BOARD OF ADJUSTMENT
Page 5 - November 16, 1977
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