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HomeMy WebLinkAbout12 December 23 Human Services HEALTH BOARD MINUTES SPECIAL MEETING DECEMBER 23, 1996 BOARD MEMBERS: Robert Hinton, Chairman Richard Wojt, Member Glen Huntingford, Member STAFF MEMBERS: David Specter, Director of Health and Human Services Jean Baldwin, Director of Nursing Services Larry Fay, Director of Environmental Health Chester Prudhomme, Director of Substance Abuse Thomas Locke, M.D., Health Officer CITY OF PORT TOWNSEND REPRESENTATIVE: Ted Shoulberg, City Council Member The meeting was called to order by Chairman Robert Hinton. The following Board and staff members were present: Commissioner Richard Wojt, Commissioner Glen Huntingford, David Specter, Larry Fay, and Linda Atkins. ENVIRONMENTAL HEALTH DIRECTOR'S REPORT CLARIFICATION OF DECISION MADE ON APPEAL OF DENIAL OF A BUILDING PERMIT: JANET STIMACH: Chairman Hinton stated that the purpose of this meeting is to clarifY the Board's decision made during the Health Board meeting on November 26, 1996 on the appeal of an administrative decision to deny a building permit for Janet Stimach in the Shine area. Commissioner Wojt stated that he thought it was quite clear that the Board decided to allow Ms. Stimach to reconstruct the building to its original condition, and that the original condition only included a toilet and vanity. He added that there was no evidence to the contrary. Commissioner Huntingford stated that was also his understanding of the Board's decision. Chairman Hinton explained that it was his understanding that since the building historically contained a bathroom which had been connected to the septic system, Ms. Stimach would be allowed to rebuild the structure back to the original dimensions with a full bathroom. He added that the size of disposal systems and septic permits are based on the number of bedrooms, not the area of a structure. Commissioner Wojt said that he thought the discussion was quite pointed to that issue. He continued by saying if Ms. Stimach built the structure back to its original condition, which only included a half bath, then it would not lead to any problems due to the particular sensitivity of this site, relative to the duselless 10 ,he wafer, sand, etc. HEALTH ENVIRONMENTAL DEPARTMENT HEALTH 360/385-9400 360/385-9444 DEVELOPMENTAL DiSABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE CENTER 360/385-9435 FAX 360/385-9401 HEALTH BOARD MINUTES - DECEMBER 23, 1996 Page: 2 Chairman Hinton asked Thomas Majhan, attorney for Ms. Stimach, ifhe would like to comment? Mr. Majhan stated that his understanding was that since the property had been valued by the Assessor's office and taxed as having a full bathroom, that was what the Board was going to allow. As stated by Commissioner Hinton, the number of bedrooms drives the size of a septic system not the number of bathrooms. If you had approval for a two-bedroom house, you could have one bath or you could have ten baths. The garage was built first and attached to the septic system. Then approval for the two bedroom house was granted. So between the two buildings connected to the septic system, there have been three bedrooms and it doesn't make much difference how many bathrooms there are. The Assessor's records clearly indicate that it was taxed as having a full bath. Commissioner Wojt stated that the pictures which were presented at the appeal hearing showed what was there. The compromise that was reached was to allow Ms. Stimach to reconstruct the building without a full bath. Chairman Hinton asked for the motion made at the appeal hearing? Larry Fay stated the motion is in the draft minutes. He noted that he had asked for clarification during the hearing as to whether restoring the building to its original condition included a partial bath. There was a lot of discussion about it. Larry Fay stated that he later had a discussion with the Assessor Jack Westerman, because of the question of the Assessor's records indicating a full bath. Jack Westerman explained to him that assessments are done based on the actual fixtures not just strictly on what they title something. Although the Assessor's records indicate in the category "building size": 300 square feet, full bedroom and full bathroom, in the category "Plumbing Fixtures" it specifically indicates: one sink, one toilet and that is it. They don't even have a water heater indicated. This has been verified. Larry Fay stated that the Health Department's view of the motion in allowing Ms. Stimach to refurbish the building to its original condition was consistent with the Assessor's records, which included a toilet, sink and approximately 300 square feet of living area. He read into the record the motion made at the appeal hearing by Commissioner Huntingford which states: "He moved to consider the building an existing, legal, non-conforming use and issue a building permit to allow Ms. Stimach to restore the building to its original condition and use as far as utilities for sink, toilet, shower, those type of things. So what ever the previous use was, go back to that previous use, and no expansion of those uses." Chairman Hinton asked for confirmation that the motion included sink, toilet and shower? Larry Fay repeated the motion. Chairman Hinton stated that the shower was included in the motion. Linda Atkins added if the shower existed previously. Commissioner Huntingford stated that during the discussion in the minutes, he asked if the building contained a complete bathroom facility with toilet, shower, sink, etc., and Ms. Stimach replied that when she purchased the property it contained a toilet but no shower. He stated that he and Commissioner Wojt did not feel an amendment to the motion was needed. He then read Commissioner Wojt's comments made at the appeal hearing in regard to the Board's motion. Commissioner Wojt stated that it was his feeling that Ms. Stimach was comfortable with the Board's decision. The concern is that the building does not become a house and that it will be used for what she stated it would be used for. HEALTH BOARD MINUTES - DECEMBER 23, 1996 Page: 3 Chairman Hinton stated that Commissioner Wojt voted against the motion during the appeal hearing and asked what his reason was for that? Commissioner Wojt replied that he didn't think Ms. Stimach should have been allowed to build it back at all. It should be left as a garage. However, that is not what the Board decided. The Board decided that she would be allowed to build it back to the original condition and that it would not adversely affect water quality, which is his main concern. Hearing no further discussion, Chairman Hinton asked for a motion clarifying the intent of the Board? Commissioner Wojt moved to allow Ms. Stimach to reconstruct the building back to its original condition which included a vanity and toilet in approximately 300 square feet of living area. Commissioner Huntingford seconded the motion. Chairman Hinton called for a vote on the motion. Commissioner Wojt and Commissioner Huntingford voted for the motion. Chairman Hinton voted against the motion. The motion carried. Meeting Adjourned JEFFERSON COUNTY BOARD OF HEALTH Glen Huntingford, er c.c: I4eCl\~ IJ-13-94 &:cc 'o~, ce.. THOMAS J. MAJHAN Attorney at Law 914 Washington Street P.O. Box 191 Port Townsend, WA 98368 nF' { (360) 385-4399 December 12, 1996 Board of County Commissioners P.o. Box 1220 Port Townsend, WA 98368 RE: Jun Stimach 351 Margaret Street, Port Ludlow Gentlemen: Last month, the Board of Health heard an appeal of the Health Department's denial of a building permit approval sought by Ms. Jan stimach. Ms. stimach and I left the hearing with the clear understanding that the permit would allow Ms. stimach to restore the outbuilding including a full bath. I reasonably believed that this decision was made in part because the County Assessor I s records indicated that the assessed value of that building included a full bath. The Health Department feels otherwise (Exhibit 1). I am presently communicating with the Health Department in regards to this matter. However, if an agreement cannot be reached, I would like to bring this matter before the Board of Health at its next regularly scheduled meeting on December 24, 1996. I realize that this is an inconvenient time for all concerned. However, I believe that this matter should be decided by the Board which rendered the original decision. I am not sure whether to delineate this as an appeal or a request for clarification. In either event, I believe that it is authorized under Jefferson County Code 8.15.210. Quite frankly, I do not understand why all the fuss. On~site sewage disposal permits are approved/determined by the number of bedrooms served by the septic system. If a system is approved for a three bedroom structure, it makes no difference whether that structure contains one bathroom or three. TJM:bs cc: client PHONE NO. 2lJ& 722 0628 Dec. 04 1996 03: 47PM P2 December 2, 1996 JAN STIMACH 1920 S SPOKANE 51 SEATTLE WA 98144 RE: 351 Margaret 5t. Pan Ludlow Parcel # 821-333-006 -"'.~ --,......... 'D~l1~.'Ms'.Sfi~~hii: ~...,--." ...............,.-. . ,.~-.~..:..,.. -'-"-.">~"-",-, ~:"'.' r--:.._...~-~ ,'~,'./ On November 26, 1996 the Board Of Health heard your appeal to the Health Depanmenl decision regarding a building permit on the above referenced lot. The findings of the Board were that lhe garage/studio was an existing non conforming use completed prior to building parmit and sewage permit requirements. Based on this decision the Board a$reed that you could repair and maintain it as it existed prior to your remodeling. LAs per your statements, photos and records a toilet, sink, stuve, woud stove and refrigeratcm existed in a studio configuratiun of approximately 300 square feet. No shower ur bathtub are tu be added. The remaining portion of the building is to remain in its configuration as a garage No additional improvements/expansions are approved in the garage area You will need to submit a revised plan showing these changes to the building department and they will submit the new drawing to this department for review based on the Boards decision. If you have further questions please contact this office at 385-9444. 7CJ,,~ Linda Atkins Environmental Health Specialist cc Mike Ajax, Jefferson Cuunty Building Official HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 3601385-9444 DEVELOPMENTAL DISABIUTIES 3601385-9400 ALCOHOL/DRUG ABUSE CENTER 360/385-9435 FAX 360/385-9401