Board of Adjustment - Regular Meeting

stand on All right. All right. We're going to go ahead and call the U May 1st Board of Adjustment meeting to order. Uh we'll start with those housekeeping items that we normally have with the uh role. I'll uh I'll go ahead and take that role here. Wendell Miller here. Uh Don Jakamore here. Josh Straoud out here. Wayne Cummings here. and Justin Catherine. We have a couple of people out, but we do have a quorum. And anyway, all right. The uh minutes from the February meeting. I'll entertain a motion on that, gentlemen. I move we accept them as presented. Okay. I'll second. We have a motion and second to approve those minutes. All those in favor acknowledge by saying I. I. I'm voting on that one, too. And uh we do we'll move on to our new business. We don't have any old. So

our we have a variance from article 6.1.7 to the requiring site obscuring fence from unpaid vehicle storage areas submitted by Colton Grace on behalf of EMTT Barnes. Victoria, you have a staff report on that? I do. Um, so just as we've kind of been doing recently, just going over the review comments and the criteria um, and authority that the board of adjustment has to grant variance. Um, just kind of as a reminder for you all. Um, the first being that the applicant demonstrates special conditions or circumstances exist which are peculiar to the land, structure, or building and are not applicable to other land structures or buildings in the same district. Uh, non-conforming uses shall not be considered. We must make a finding that the application provided sufficient justification to grant the variance as the minimum possible to make use of the land structure or building. We must make a finding that the variance is in harmony with the general purpose and intent of the regulations. Um we may prescribe appropriate conditions and safeguards. And then lastly, we are restricted from granting a variance that is not permissible or prohibited under the regulations. So, as stated, this is a variance at 215 West Tacoma. The existing conditions, this property is currently um used as a lot for Grace Pro trailer sales. The property is located adjacent to a car modifying business, a pet groomer, and off-road tire to the north, and a residential subdivision to the south. Residential properties to the east, and a vacant property to the west. This property is zoned C2 highway commercial with properties to the north, east, and west also zoned C2. And the residential subdivision to the south is zoned R1

single family residential. Review comments. Um, so this one does have a little bit of history. You all are probably familiar with this one. Um, it did come before the planning commission as well as the board of adjustment in November of 2023. Um, at that time the applicant applied for and obtained a special use permit to operate a trailer sales business at this location. As a condition of that approval, the applicant was required to construct a sight obscuring fence. At that time, the applicant had proposed a six-foot sight obscuring fence as part of the permit application and it was on their site plan at that time. When the applicant applied for a business license in February of 2024, staff conducted a site visit and informed the applicant that the required fence had not been constructed. In February of this year, the applicant submitted a building permit application. Staff again noted that the fence had still not been completed at this time and as a result, the applicant was required to include construction of the site obscuring fence on the building permit site plan in order to proceed. While the applicant agreed to show the fence on the site plan, they chose to pursue a variance from that requirement. Um, and that yellow box up on their site plan is kind of illustrating where that site obscuring fence would be located. Um, in support of the variance request, the applicant did site that installing a sight obscuring fence would negatively impact their business as v visibility of the enclosed trailers is essential for their marketing. Additionally, um they cited that the business is not located on a main road. Um the applicant's justification did focus primarily on the visibility and marketability um rather than the undue hardship or unique site condition um which is criteria typically required for granting a variance. Uh variances are intended to provide relief from ordinance requirements when they cause

practical difficulties um not necessarily to accommodate business pre uh preferences. staff does acknowledge the applicant's business is located at a dead end uh of a lightly trafficked street and that the road dead ends at their property. Um therefore, West Tacoma will not be extended through. Um and this may be considered a unique site condition in evaluating the variance request. I've kind of included some pictures showing um the road there. it does dead end straight into their business. Um, and again is a a side road that is very lightly trafficked. Um, while the granting of this variance is not uh in harmony with the purpose and intent of the code that um as the intent of the code is that vehicle storage areas are uh screened with either a sight obscuring ornamental fence, wall or hedge or the areas are paved with either asphalt or concrete. Um staff does believe that the intent could be met by the applicant planting some trees adjacent to the gravel drive to help mitigate the visual effects of the gravel. It is staff's recommendation that the board of adjustment approve the variance request with the following conditions. Um plant trees adjacent to the gravel drive to help mitigate the visual effects of the gravel. And this is based on the findings that the applicant did demonstrate that special conditions exist um due to the uh location of their business at that dead-end street um as well as the light traffic on that street um and the applicant has met all other variance requirements. Are there any questions? Okay. Thank you, Victoria. Yeah. Do you have anything to add to that for the record?

Do me a favor if you would just for the record. Just if you would walk over to the mic there just we're recording this. State your name for the record too if you don't. EMTT Barnes. I'm the owner of the property but unaware of the exact changes until this moment. But anyway, in looking at them, uh I just my thoughts go right to the uh the old place where they're renting U-Hauls and stuff like that. And all those trailers are showing because they need the public to see that there are trailers for rent. And this guy sells a ton of trailers, which I'm sure, and I mean a ton of them. Three or four a week seems like. And I'm sure that the the city is making tax money on that. They better be. And uh I think this would inhibit his business. And we don't uh get any traffic from there other than those people. A few uh people robbing from the the steel that I leave out there from air conditioners and uh associated lost people. That's about it. But uh I think it looks fine and and I wouldn't mind the trees there. I do want it to look nice because that it's my property and when he's gone, I'd like somebody else to like it, you know. But other than that, I don't see a problem with what he's done. I'm glad to know. Okay. All right. Thank you, Mr. Barnes. All right, gentlemen. What is your pleasure now? The the trees wouldn't have to be gigantic trees either. I mean, just Yeah. Well, yeah. Well, if you know, as long as I think it's the gravel parking lot that's the issue and so if it just high enough to block the view of the gravel, would that work for it, Sarah and Victoria?

Yeah, that's the the condition. Yeah. Okay. Well, I would move that we approve this with condition that's noted. Okay. We have a motion. I'll second it. Motion and a second to approve with those conditions mentioned. Um, all those in favor by saying I. I. I. Any opposed? Hearing? None. The motion carried. All right. If there are no other items here, then um go ahead, Victoria, you got an announcement to make. Yes, we just had a couple quick announcements. Um, first, the July 3rd meeting um has been cancelled um just due to the holiday and some staff conflicts. We're just going to go ahead and cancel that meeting. Um, so no July meeting, you guys have that month off. Um, and then did want to plug really quickly. Um, we have our 4th annual historic district commission ice cream social tomorrow from 12:30 to 2. Um, so come get a little uh after lunch snack um down at the train depot. So, just wanted to let you guys know about that as well. Okay. Thank you. Yes. All right. Appreciate it. And if we have no other business, we are journed.