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RES 83-09 VARIANCE FOR WATSON AT WYATT HOUSERESOLUTION NO. 83 - 09 A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AN ORDER IN THE MATTER OF THE VARIANCE APPLICATION OF BARBARA AND GRAHAME WATSON FOR PARKING AT "WYATT HOUSE". BE IT RESOLVED by the City Council of the City of Winslow, Washington, as follows: The attached City Council Findings of Fact, Conclusions of Law and an Order in the matter of the variance application for parking at what is known as the "Wyatt House" are here- by adopted. PASSED by the City Council of the City of Winslow, Washington, this ~day of June, 1983. ATTEST Clerk/Tr~aSurer Mayor BEFORE THE CITY COUNCIL OF THE CITY OF WINSLOW In the matter of the VARIANCE APPLICATION of BARBARA and GRAHAME WATSON, ("Wyatt House") Applicants. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER The matter came before the Hearing Examiner at an Administrative Hearing at City Hall on April 11, 1983. The Hearing Examiner's Findings of Fact, Conclusions of Law and Order were filed on April 12, 1983. On April 21, 1983 a letter of appeal was received from Timothy J. Dwyer. The appeal was reviewed by the City Council on May 5, 1983 at a regular Council Meeting. The Council received no additional written comments. James Pelland, the neighbor to the north, spoke regarding the Hearing Examiner's Order. The Council makes these FINDINGS OF FACT I. The City Council adopts the Hearing Examiner's Findings of Fact I - IV. II. The instant property forms one corner of a busy, noisy intersection and is directly across the street from a high volume commercial operation. Office use of "Wyatt House", made possible by an adequate number of parking stalls, would preserve an out- wardly appearing historical residence as an acceptable transition between commercial and residential properties. III. There is no provision in the Hearing Examiner's Order, nor does there exist at present any screening between the sub- ject property and the residential property to the north. IV. Any Conclusion of Law that is deemed to be a Finding of Fact is hereby adopted as same. From these Findings of Fact, the City Council comes to these CONCLUSIONS OF LAW I. The City Council adopts the Hearing Examiner's Conclu- sions of Law I -III. II. If landscape screening sufficient to provide sight and sound screening between the parking area of the subject property and the residential property to the north is provided, the variance should be granted. III. Any Finding of Fact that is deemed to be a Conclusion of Law is hereby adopted as same. ORDER The variance for eight parking stalls sought by appli- cants is granted subject to the following conditions: 1. Off street parking shall be limited at all times to a total of no more than eight vehicles. 2. Landscape screening of at least three feet in height shall be provided between the sidewalk and the three stalls adjacent to the sidewalk. 3. Landscape screening of sufficient height and depth to provide sight and sound screening shall be provided between the parking are of the subject property and the residential property to the north. Such screening shall consist of the following: 1 row of evergreen shrubs such as pho- tinia or laurel plated not more than 6' on center apart and of not less than 5' in height 1 row of evergreen trees such as fir or cedar planted not more than 8' on center apart and of not less than 5' in height 4. This variance shall be granted to run with the present property owner as long as the conditions of the existing legal non-conforming extraordinary use are complied with. DONE AT WINSLOW, WASHINGTON, this 2nd day of June , 1983. ALICE B. TAWRESEY ~ Mayor ATTEST: D~NNA J~AN~'BUXTON Clerk/T~asurer In the Matter of the Variance Application of BARBARA and GRAtIAD~E WATSON ("Wyatt House") BEFORE THE HEARING EXAMINER CITY OF WINSLOW CITY OF WINSLOW File ~]o. X-83-3 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter came before the Hearing Examiner at an administrative hearing in City Hall on April 11, 1983. Barbara Watson appeared pro se. A1 Grajeda, Land Use Administrator, represented the City. Cassi Lince, of the City Clerk's staff, monitored the recording of the hearing. Two other persons were present. Prior to the hearing, a written statement in opposition was filed by Timothy J. Dwyer. James Pelland spoke in opposition. Witnesses were sworn and testified. From testimony heard and the record examined, the Hearing Examiner makes these FINDINGS OF FACT I Applicants own property forming the northwest corner of the intersection of Madison Avenue North and Wyatt Way in the City of Winslow. On the property is the so-called "Wyatt House", a well-preserved residence of considerable age and of historical significance in the development of the City. The legal description of the property is contained on the first page of Index No. 5 in the record of this matter. II The property is zoned Medium Density, Multiple Residential by Winslow Ordinance 79-15. III On February 21, 1979, the then owner of the property obtained from the City an Extraordinary Use Permit for the operation of the structure as an office building under strict conditions to maintain the residential aspects of the exterior; under this permit, three parking stalls were permitted. The instant Applicants purchased the property in April, 1979, and leased it the next month to Helpline, a non-profit volunteer agency involved in social services. On June 24, 1979, Ordinance 79-15, the City's new zoning code, became effective. The new code did not include any provision for Extraordinary Use Permits, but did allow prior legal uses to continue as valid non-conforming uses. On June 26, 1979, Helpline sought from the City a Conditional Use Permit to increase the number of parking stalls to 12; this permit was granted on August 29, 1979, said permit to expire if, as and when Helpline terminated its use of the property. Helpline moved from the property to a new location on January 15, 1983. On February 2, 1983, Applicants filed with the City a request for eight parking stalls in connection with their desire to operate "Wyatt House" as an office building. On February 16, 1983, City Attorney Thomas M. Walsh filed a legal opinion (Index No. 3 of the record in this matter) holding that the proper procedure would be for Applicants to apply for a Variance for the eight stalls; he cited Section 3.5 of Ordinance 79-15. On February 18, 1983, Applicants filed an Application for a Zoning Variance (Index No. 5 Of the record in this matter), including a sketch of the proposed parking area. No Environmental Checklist was required, the Land Use Administrator holding that the State Environmental Protection Act does not demand a Checklist when less than 20 stalls are involved. At its meeting of February 24, 1983, the Winslow Planning Agency unanimously recommended approval of the Variance on condition that landscaping conform to requirements of Ordinance 79-15, and that landscape screening be provided between the sidewalk and the three stalls closest to the sidewalk. The City Clerk caused legal notices of this hearing to be published. IV Applicants envision no more than four professional-type offices to be operated at "Wyatt House" No retail sales would be permitted. Three parking stalls would not make the project viable, but eight would. Eight stalls would enable Applicants to maintain "Wyatt House" in its present outward appearance as a residence. Eight stalls would be four less than the number of stalls used for more than three years by Helpline, and would enable Applicants to enhance the landscaping of the property. V The instant property forms one corner of a busy, noisy intersection and is directly across the street from a high volume commercial operation. Office use of "Wyatt tIouse", made possible by an adequate number of parking stalls, would preserve an outwardly-appearing historical residence as an acce~~en commercial and residential properties. Its use as a residence would be of minimal value because of the nearby noisy intersection. VI Any Conclusion of Law that is deemed to be a Finding of Fact hereby is adopted as same. From these Findings, the Itearing Examiner comes to these CONCLUSIO~]S OF LAW I Applicants are properly before the Hearing Examiner (City Attorney's opinion; Index No. 3 in the record of this matter). II Applicants have satisfactorily met the five criteria required of a Variance by Section 3.5 of Ordinance 79-15 (Findings of Fact IV and V). III If 'the stalls are limited to eight, and if landscape screening at least three feet in height is provided between the sidewalk and the three stalls adjacent to the sidewalk, the Variance should be granted. IV Any Finding of Fact that is deemed to be a Conclusion of Law hereby is adopted as same. Therefore, the Hearing Examiner issues this ORDER The Variance for eight parking stalls as sought by Applicants is granted subject to off-street parking to be limited at all times to no more than eight vehicles, and subject to landscape screening of at least three feet in height to be provided between the sidewalk and the three stalls adjacent to the sidewalk. DONE at Winslow, Washington, this twelfth day of April, 1983.