Interim noncompliance policy adopted
Bellevue to write new building modification ordinance
By MEGAN THOMAS
Express Staff Writer
The Bellevue City Council voted Tuesday in favor of an interim policy to regulate additions and modifications of nonconforming buildings until the city?s zoning ordinance can be amended. The interim policy allows for additions and modifications to buildings that fail to comply with zoning standards. The vote for a temporary measure came after Mayor John Barton changed the implementation of policy concerning the Bellevue zoning ordinance.
Barton recently decided to prohibit any additions to nonconforming structures. He chose to adhere to a strict reading of the zoning ordinance that states the size and volume of a nonconforming building cannot be increased. According to the city, the stringent policy could affect a number of homeowners in Bellevue.
?What we have is an ordinance that doesn?t really effectively work with our city, especially the old town,? chairman Eric Allen remarked.
Historically, the city issued building permits for changes to nonconforming buildings as long as the alterations did not increase the nonconformity of the building.
Councilman Jon Wilkes called the shift in policy discriminatory. ?How did we get to this position where things were changed?? Wilkes asked the mayor. At a previous meeting Wilkes recused himself from the discussion. During the meeting on Tuesday, Nov. 9, Wilkes said he returned to the discussions because he did not have any pending applications with the city.
Barton responded to Wilkes? question, stating he examined the ordinance and the staff?s actions after his neighbors with a noncomplying house changed the pitch of their roof.
?What I am finding over the years is it (the ordinance) is being applied very erratically,? Barton said. ?We have an opportunity to reform our actions with respect to building permits and the zoning ordinance because the staff is new.?
Allen issued a motion to permit the city to issue building permits on nonconforming structures as long as the expansion or improvement does not exacerbate the nonconformity and complies with a permitted use. Allen?s motion also required the Bellevue P&Z to examine each permit on a case by case basis. He described the P&Z approval process as a checks and balance system. The council voted unanimously in favor of Allen?s motion.
The mayor vetoed the proposal. ?I don?t think it?s workable,? he said.
The council responded to the mayor with an amended policy that eliminated the suggested P&Z approval but otherwise mirrored Allen?s motion. The council approved the amended proposal 3-1, with Allen casting the sole vote against the measure. Councilwoman Tammy Schofield recused herself, because she was denied a building permit due to the change in policy. Councilwoman Vivian Ivie did not attend the meeting.
The mayor accepted the council?s motion.
The interim policy allows transition time for a new ordinance to be written and approved. The council also recommended that the P&Z review the ordinance and make further recommendations to the council on the ordinance.
