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HomeMy WebLinkAbout01-13-2016 1-13-2016 HEARING EXAMINER AGENDA PACKETAUWRTN TY OF WASHINGTON HEARING EXAMINER January 13, 2015 5:30 p.m. City Council Chambers 25 West Main Street I. Case No: VAR15 -0003 (Poplar Street SE Multi - Family) Applicant: Scott Greenlaw, eBuilt, LLC Request: Request for Variance to decrease the R20 Residential minimum density standard of fifteen (15) dwelling units (DUs) to approximately nine (9) DUs per net acre ( "Variance "). The Variance is requested to accommodate residential development of three (3) existing vacant lots totaling approximately 0.71 acres ( "Site'). Construction of two (2) multi - family residential buildings totaling six (6) DUs is proposed. Project Location: West side of Poplar ST SE, south of its intersection with Auburn Way S SW% of Section 21 -21 -05 11. Case No: APL15 -0001 Applicant: William T. Lynn, Gordon Thomas Honeywell LLP on behalf of Larry L. Jensen Jr. , Jensen Developments Inc. (Property owner) Request: Appeal of Planning Director's written interpretation related to duplex dwelling units in the R7, Residential Zoning district (Auburn City Code 18.07). Proposed Location: General applicability throughout the city. While the written interpretation was identified in response to a specific development proposal for two parcels, the interpretation applies throughout the City. The two adjacent parcels are located on the west side of Academy Drive SE, approximately 1,300 feet north of Auburn WY S and within the NE 1/4 of the SW 1/4 of Section 27 -21 -5, W.M. County Assessor's Parcel No's: 2721059185 (1.4 acres) & 2721059158 (1.45 acres) CITY OF AUBURN WASHINGTON Nancy Backus, Mayor 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 - 931 -3000 VARIANCE Poplar Street SE Multi - Family - Minimum Density VAR15 -0013 I. GENERAL INFORMATION: Application Date: Applicant/ Property Owner: Agent: Proposal: Proposed Location: Parcel Number: October 30, 2015 eBuilt, LLC c/o Scott Greenlaw 12720 NE 92nd PL Kirkland, WA 98003 Pacific Engineering Design, LLC c/o Greg Diener 15445 53rd AVE S, STE 100 Tukwila, WA 98188 Request for Variance to decrease the R20 Residential minimum density standard of fifteen (15) dwelling units (DUs) to approximately nine (9) DUs per net acre ( "Variance "). The Variance is requested to accommodate residential development of three (3) existing vacant lots totaling approximately 0.71 acres ( "Site'). Construction of two (2) multi - family residential buildings totaling six (6) DUs is proposed. West side of Poplar ST SE, south of its intersection with Auburn Way S, within SW 1/4 of Section 21- 21 -05. 2121059103, 2121059165, and 2121059166 Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning Classification and Current Land Use: Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 1 AUBURN * MORE THAN YOU IMAGINED Comprehensive Plan Zoning Current Land Use Project Site Multi - Family R20 Residential — 20 Dwelling Units per Acre Vacant North Multi - Family R20 Residential — 20 Dwelling Units per Acre Single- family residence, triplex South Multi- Family R20 Residential — 20 Dwelling Units per Acre Multi- family residences East Multi - Family R20 Residential — 20 Dwelling Units per Acre R20 Residential — 20 Dwelling Units per Acre Fourplexes Multi- family residence West Multi - Family Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 1 AUBURN * MORE THAN YOU IMAGINED Excerpted Zoning Map: Subject Property C1 Light Commercial District • C2 Central Business Distrid ▪ C3 Heavy Commercial District • C4 Mixed Use Commercial CN Neighborhood Shopping District DUC Downtown Urban Center • EP Environmental Park District Institutional Use District Lakeland Hills South PUD LF Airport Landing Field District M1 Light Industrial District M2 Heavy Industrial District P1 Public Use District PUD Planned Unit Development • • • • R1 Residential 1 DU/Acre R5 Residential 5 DU/Acre R7 Residential 7 DU/Acre R10 Residential 10 DU/Acre R20 Residential 20 DU/Acre Residential Conservency RMHC Residential Manufactured/Mobile Hon RO Residential Office District RO-H Residential Office District (Hospital) TV Terrace View UNC Unclassified Use District Variance — Poplar Street SE Multi-Family — Minimum Density (VAR15-0013) Staff Report January 7, 2016 Page 2 II. SEPA STATUS: Exempt per Auburn City Code (ACC) 16.06.020 and Washington Administrative Code (WAC) Section 197- 11- 800(6)(a). III. FINDINGS OF FACT: 1. Scott Greenlaw of eBuilt, LLC ( "Applicant ") submitted a Variance application ( "Variance ") on October 30, 2015 to decrease the R20 Residential minimum density standard of fifteen (15) dwelling units (DUs) to approximately nine (9) DUs per net acre to accommodate residential development of three (3) lots ( "Site ") totaling approximately 31,126SF. 2. The Site is located at the southwest corner of Auburn Way S and Poplar Street SE, within the City of Auburn's corporate limits, and referenced by King County Tax Assessor Parcel No.'s (APN) 2121059103, 2121059165, and 2121059166. 3. The Site was an un- subdivided parcel until a Short Plat divided the Site into three (3) lots (File No. SPL05 -0005, King County Recording No. 20060807900010). 4. The Site is triangular in shape and has frontage only on Poplar Street SE. Due to shape, the Site does not have frontage on Auburn Way S. 5. Poplar Street SE is designated as a "Local Residential" street and Auburn Way S is designated a "Principal arterial" street per the City's Comprehensive Transportation Plan. 6. Per ACC 12.64A, "Required Public Improvements ", the following public right -of -way (ROW) dedication and construction of public right -of -way improvements are required for development of the Site: • Construction of improvements along the Poplar Street SE frontage to the "Local Residential" standard specified in the City of Auburn Engineering Design Standards. 7. Poplar Street SE dead -ends in a permanent cul -de -sac approximately 450' southwest of its intersection with Auburn Way S. Per City of Auburn Engineering Design Standards, Section 10.02.10.3, streets that dead -end in a permanent cul -de -sac shall serve a maximum of twenty -five (25) DUs. Along it length, thirty (30) dwelling units (DUs) currently take access from Poplar Street SE. The current condition exceeds this City of Auburn Engineering Design Standard. 8. The Applicant submitted a Deviation Request application ( "Deviation Request ") on October 30, 2015 (File No. SDR15 -0006) to deviate from the maximum limit of twenty - five (25) DUs served by streets that dead -end in a permanent cul -de -sac in order to accommodate residential development (additional dwelling units) of the vacant Site. Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 3 9. After review by City Transportation Division Staff, the City Engineer proposed two (2) options to the Applicant for approval of the Deviation Request. A. Deviation Request Option A requires the Applicant to dedicate approximately 20' of public ROW along the Site's Poplar Street SE frontage and construct frontage improvements to accomplish a roadway consisting of two (2) 20' travel lanes separated by a wide approximately 8' center landscape median, 0.5' curb /gutter, 5.5' landscape strip, and 5' sidewalk. The use of two lanes with a minimum separation by a center landscape median has been an acceptable safety factor for other projects. B. Deviation Request Option B requires the Applicant to dedicate no additional public ROW along Poplar Street SE and construct frontage improvements to accomplish a "Local Residential" street with a minimum 24' roadway, 0.5' curb /gutter, 5.5' landscape strip, and 5' sidewalk, while limiting the maximum number of additional residential units that could be built on the Site to six (6) DUs. While the Variance site plans depict a 10' public ROW dedication, dedication of the extra 10' public ROW is not required nor approved. Approval of Deviation Request Option B is pending approval of the Variance request. 10. The Applicant proposes two (2) multi - family residential buildings totaling six (6) DUs for the Site, which is currently vacant and zoned R20 Residential. Per Auburn City Code (ACC) Table 18.07.020, "multiple- family dwellings" and "townhouses (attached)" are permitted uses in the R20 zone. 11. Based on the available 'net site area' of 31,126 square feet (SF) as shown on the Variance site plans and based on ACC 18.02.065, "Methods of Calculating Density, the R20 zone classification requires 11 -14 DUs for the Site The minimum and base (maximum) density for the R20 zone is 15 -20 DUs per net acre per ACC 18.07.030. 12. One (1) existing adjacent R20 -zoned property to the north (APN 2121059081), developed as a single- family residence, and one (1) existing R20 -zoned property across Poplar Street SE to the east (APN 2121059114), developed as an 8 -unit multi - family ' residence, do not meet the minimum density requirement of the R20 zone. 13. The City's zoning code, per ACC 18.07.030, establishes minimum density standards to ensure efficient use of land and ensure that it is able to adequately provide housing (dwelling units) for the projected population growth per the City's Comprehensive Plan, which anticipates an additional 19,709 people and 9,000 households between 2010 and 2030. 14. Based on current land use designations, the City's Comprehensive Plan also anticipates projected capacity for 15,519 additional housing units between 2012 and 2030. 15. Per ACC 18.02.030(A), the intent of Title 18 ACC, "Zoning ", is to: Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 4 "...to implement the city's comprehensive plan. This title will be used to further the growth and development of the city consistent with the adopted comprehensive plan and its implementing elements, This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city's population and to prevent and abate public nuisances." 16. Per ACC 18.07.010(H), the intent of the R20 Residential zone is to: ".., provide for multiple- family residential development and is further intended as a residential zone primarily of multiple - family residences, except as specifically provided elsewhere in this chapter. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use." 17. Per ACC 18.70.010(A), "Variances ", the Hearing Examiner may be empowered to hear and approve Variances if the application conforms with all of the criteria contained in ACC 18.70.010(A)(1) thru 18.70.010(A)(10). 18. Compliance with the approval criteria contained in ACC 18.70.010(A) is addressed under Section IV, "Conclusions ", of this staff report. 19. A combined Notice of Application and Notice of Public Hearing was issued on December 14, 2015 ( "Exhibit 6 "), a minimum of 10 days prior to the public hearing as required by ACC 18.70.040. The City received no comment letters on the project. The notices were posted at the Site, mailed to adjacent property owners within 300' of the Site, and published in The Seattle Times, newspaper. IV. CONCLUSIONS: ACC 18.70.010(A), "Variances ", specifies that the Hearing Examiner may approve or modify and approve an application for a Variance if the application satisfies all of the approval criteria specified in ACC 18.70.010(A)(1) thru ACC 18.70.010(A)(10). Following is staff analysis of this Variance application's compliance with each criterion. The criteria are listed below in italics, followed by a staff analysis. 1. That there are unique physical conditions including narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying with provisions of this title. Staff Analysis: The Site is located at the southwest corner Auburn Way S and Poplar Street SE, has no frontage on Auburn Way S, and has frontage only on Poplar Street SE. Vehicular access to Poplar Street SE is currently non - conforming because it provides for more Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 5 than the maximum 25 DUs permitted by the City of Auburn Engineering Design Standards to access a street that dead -ends in a permanent cul -de -sac. Compliance with the minimum density standard of the R20 zone (fifteen (15) DUs per net acre) by constructing minimum eleven (11) DUs on the Site, without the City Engineer's approval of the Deviation Request referenced by Findings of Fact No. 9 above, would prevent access to Poplar Street SE. The only other access nearby would require the Site take access from Auburn Way S, but the Site does not have frontage. Even if an access easement could be obtained from adjacent properties, which are not under the Applicant's ownership, the City's Transportation staff has identified that accessing Auburn Way S is not desirable. It is not desirable because per the City of Auburn Engineering Design Standards, residential developments should not have direct access to "Principal Arterial" streets such as Auburn Way S. Additionally, a new driveway west of Poplar Street SE would likely create safety issues due to safety separation between access points and sight distance constraints due to curvature of Auburn Way S. Consideration of the Deviation Request from the standard that specifies maximum 25 DUs accessing a street dead - ending in a permanent cul -de -sac is therefore necessary as the only practical option for residential development of the Site. Per the `Staff Analysis' of compliance with ACC 18.70.010(A)(5) below, Deviation Request Option A (Findings of Fact No. 9), which permits eleven (11) additional DUs to access Poplar Street SE, would create unnecessary hardship due to the amount of public ROW dedication, impervious area, and landscaping required over and above what is required to accomplish a "Local Residential" street. As a result, Deviation Request Option B (Findings of Fact No. 9 above), which permits only six (6) additional DUs to be built and access Poplar Street SE, is the only specific practical option for residential development of the Site. Staff finds the request meets the criterion. 2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of such lot. Staff Analysis: Per the 'Staff Analysis' of compliance with ACC 18.70.010(A)(1) criteria above, strict conformity with the fifteen (15) DU per net acre minimum density standard of the R20 zone does not allow for residential development of the Site. Residential development is the reasonable use of a Site zoned R20, which is intended to "provide for multiple - family residential development and is further intended as a residential zone primarily of multiple- family residences, except as specifically provided elsewhere in this chapter." Per ACC Table 18.07.020, the only private uses permitted outright that do not involve the development of residential DUs are "privately owned and operated parks and playgrounds and not homeowners' association -owned recreational area" and "Type 1 -D wireless communication facilit[iesj ". Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 6 Staff finds the request meets the criterion. 3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. For nonconforming single- family homes, this finding is determined to be met if the features of the proposed variance are consistent with other comparable features within 500 feet of the proposal. Staff Analysis: The Variance does not alter the character of the neighborhood or cause detriment to surrounding properties since at least two (2) properties in the vicinity also do not meet the fifteen (15) DU per net acre minimum density standard of the R20 zone. Moreover, Variance does not request that the proposed two (2) multi- family residential buildings totaling six (6) DUs be relieved from any other development standard. Per the Variance site plans, the proposal is consistent or capable of consistency with all other development standards applicable to the R20 zone. The proposal will be assessed for full consistency with all applicable development standards, including the City of Auburn Multi - Family & Mixed -Use Development Design Standards, during future Building Permit, Design Review, Facilities Extension Agreement (FAC), Grading Permit, and Utility Permit reviews. Staff finds the request meets the criterion. 4. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners. Staff Analysis: The special circumstances and conditions associated with the Variance are related to the inability to meet separate City development standards that are simultaneously applicable to the Site. For the reasons indicated in the 'Staff Analysis' of compliance with ACC 18.70.010(A)(1) above, applicability of the City's fifteen (15) DU per net acre minimum density standard of the R20 zone to this Site conflicts with the City's Engineering Design Standard of maximum twenty -five DUs served by a street that dead - ends in a permanent cul -de -sac. Staff finds the request meets the criterion. 5. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Staff Analysis: Per the 'Staff Analysis' of compliance with ACC 18.70.010(A)(1) above, compliance with the literal interpretation of the fifteen (15) DU per net acre minimum density standard of the R20 zone could only be achieved with the public ROW dedication and frontage improvements specified by Deviation Request Option A (Findings of Fact No. 9 above). Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 7 Deviation Request Option A would require an additional 20' of public ROW and construction of a roadway consisting of two (2) 20' travel lanes separated by a wide approximately 8' landscape median, 0.5' curb /gutter, 5.5' landscape strip, and 5' sidewalk. For a frontage of approximately 250' in length, this totals 5,000SF of public ROW dedication (approximately 15% of the Site) and construction to accomplish 11,625SF of impervious surfaces, and 3,125SF of landscaping. For comparison, R20- zoned properties with a 250' frontage along a Local Residential street dead - ending in a permanent cul -de -sac, located in an existing 50' ROW, and not serving more than 25 DUs would require no public ROW dedication and construction to accomplish only 6,625SF of impervious surfaces and 1,125SF of landscaping. This equates to difference of 5,000SF of public ROW dedication (approximately 15% of the Site) and construction to accomplish an additional 4,000SF impervious surfaces and an additional 2,000SF of landscaping required for development. Eight (8) nearby properties are currently developed as a multi - family residence, fourplex, or duplex and exclusively take access from Poplar Street SE, which is non - conforming to the maximum twenty -five (25) DUs served by a street that dead -ends in a permanent cul -de -sac. Thus, literal interpretation of the fifteen (15) DU per net acre minimum density standard of the R20 zone deprive the Applicant of non- conforming access commonly enjoyed by properties on Poplar Street SE. Staff finds the request meets the criterion. 6. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located. Staff Analysis: The Variance meets the general purposes of Title 18 ACC, "Zoning ", as the reduction in density for the Site does not adversely impact the City's ability to adequately provide housing for the projected future population growth. The Comprehensive Plan projects a 9,000- household gain between 2010 and 2030. Considering the reduction of five (5) dwelling units for the Site, the City is anticipated to accommodate a net 15,514 housing units between 2012 and 2030, handily capable of accommodating housing for the projected growth. Moreover, though Deviation Request Option B (Findings of Fact No. 9 above) does not require the center median - separated roadway design for ensured emergency vehicle access on a street dead- ending in a permanent cul -de -sac, the City's Transportation staff does not anticipate that the maximum six (6) additional DUs accessing the street would decrease Poplar Street SE's current ability to provide emergency vehicle access. By City Transportation staff's most conservative estimation, wherein the maximum 25 single family DUs accessing a street dead - ending in a permanent cul -de -sac are all single - family residences, 238 daily trips would be generated. The number of daily trips from the eight (8) multi- family residence, sixteen (16) fourplex, and six (6) duplex units accessing Poplar Street SE, per the Institution of Transportation Engineers (ITE) Trip Generation Manual, is only 195 trips. The difference of 43 daily trips is equivalent to the Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 8 number generated by six (6) multi - family DUs. As such, a Variance to permit six (6) additional DUs to access Poplar Street SE without the center median - separated roadway design would not compromise Poplar Street SE's existing ability to provide emergency vehicle access. Together with the 'Staff Analysis' of compliance with ACC 18.70.010(A)(3) above and the fact that "multiple family dwellings" and "townhouses (attached)" are permitted in the R20 zone, the Variance generally supports health, safety, morals, convenience, comfort, prosperity, and general welfare. Furthermore, the Variance is the only practical method of accommodating multi - family residential development on the Site and maximizes the economy and efficiency by minimizing the amount of public ROW required to serve the Site. It is therefore also consistent with the purpose of the R20 zone. Staff finds the request meets the criterion. 7. The variance will not allow an increase in the number of dwelling units permitted by the zoning district. Staff Analysis: The R20 zone permits eleven to fourteen (11 -14) DUs for the Site. The Variance proposes maximum six (6) DUs for the Site and therefore does not increase the number of DUs permitted in the R20 zone. Staff finds the request meets the criterion. 8. The authorization of such variance will not adversely affect the comprehensive plan. Staff Analysis: Per the 'Staff Analysis' of compliance with ACC 18.70.010(A)(6) above, the Variance does not adversely affect the Comprehensive Plan. Staff finds the request meets the criterion. 9. The variance shall not allow a land use which is not permitted under the zoning district in which the property is located. Staff Analysis: The Variance is requested to accommodate two (2) multi - family residential buildings totaling six (6) DUs for the Site, which is currently vacant and zoned R20 Residential. "Multiple- family dwellings" and "townhouses (attached)" are both permitted outright in the R20 zone. Staff finds the request meets the criterion. Variance — Poplar Street SE Multi- Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 9 10, The variance shall not change any regulations or conditions established by surface mining permits, administrative use permits, conditional use permits or contract rezones authorized by the city council. Staff Analysis: The Site is not subject to any surface mining permits, Administrative Use Permits, Conditional Use Permits, or Contract Rezones authorized by the City Council. Staff finds the criterion does not apply. V. STAFF RECOMMENDATION APPROVE WITH CONDITIONS VI. CONDITIONS OF APPROVAL Recommendation of approval for this Variance is based upon compliance with the project description and Conditions of Approval as provided in the Variance application (File No. VAR15 -0013) and the Conditions of Approval set forth below. Any deviations from the project description, exhibits, timing, or conditions must be reviewed and approved by the City of Auburn for conformity with this approval. Any change from these may require administrative or Hearing Examiner approval of changes to the permit and /or environmental review. 1. This Variance is valid only if the City Engineer also approves a deviation to City of Auburn Design Standards, Section 10.02.10.3, per which streets that dead -end in a permanent cul -de -sac shall serve a maximum of twenty -five (25) DUs. 2. This Variance decision approves a reduction in "minimum density" zoning standard of the R20 zone (fifteen (15) DU per net acre per ACC 18.07.030) to nine (9) DUs per net acre for the Site. 3. This Variance decision approves only a reduction in "minimum density" and does not authorize any project or site plan currently proposed or in the future. The proposed two (2) multi - family residential buildings totaling six (6) DUs is subject to and will be evaluated for consistency with all applicable City standards during Building Permit, Design Review, Grading Permit, Facilities Extension Agreement (FAC), Utility Permit, and other applicable reviews. 4. The Applicant shall submit to the City the necessary Building Permit application within one (1) year from the date of the final Variance approval and the Building Permit shall be secured within six (6) months of this application date. The Hearing Examiner may extend the period of Variance authorization for one (1) year without public hearing upon a finding that there has been no basic change in pertinent conditions surrounding the property at the time of the original application in accordance with ACC 18.70.015. Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 10 EXHIBIT LIST Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 STAFF Prepared by: Gary Yao, Planner II Community Development & Public Works Department Staff Report Vicinity Map Variance Application Variance Site Plans Written Statement Notice of Application (NOA), Notice of Public Hearing, and Affidavits Reviewed by: ° -7 \�'� Jeff'D;i , Planning,Services Manager Co�iarn� ity Development & Public Works Department 1/7/16 DATE / --� �7 -- /tp DATE Variance — Poplar Street SE Multi - Family — Minimum Density (VAR15 -0013) Staff Report January 7, 2016 Page 11 Auburn Multifamily Two Triplexes Proposed - 6 units Legend Auburn Multifamily ° Auburn Way S & Poplar St SE J Autumn in Auburn EI Feature 1 Path Measure — T;) 20 10 Google 100 ft cuyot " AUBU WASHINGTON CITY OF AUBURN Planning & Development Department Auburn City Hall Annex, 2'd Floor 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 Exhibit 3 FILE #: FILENAME OFFICE USE ONLY TYPE: RECEIVED BY: FEES PAID: CHECK/CASH: SUBMITTAL DATE: LAND USE DESIGNATION: VARIANCE APPLICATION APPLICANT: kUse mailing address for meeting notification. COMPANY: eBuilt, LLC Attn: Scott Greenlaw ADDRESS: 12720 NE 92nd Place (CITY, STATE, ZIP) Kirkland, WA 98003 2 5-260-0414 PHONE: 4 OCT 3 () 2015 :40,63 RCheck box if Primary Contact FAX: SIGNATURE: (Signature Required) APPLICANT'S REPRESENTATIVE: COMPANY: Pacific Engineering Design, ADDRESS: 15445 53rd Ave S Ste 100 (CITY, STATE, ZIP) T PHONE: 206-431-797 E_mptureenlaw@ebuilthomesandloans . c( PRINTED NAME: ..c:471 Cia? kiv/ El Check box if Primary Contact LLC Attn: Greg Diener E-MAIL: greg@paceng com PRINTED NAME: PROPERTY OWNER(S): [ Attach separate sheet if needed. COMPANY: Same as applicant ADDRESS: (c1TY, STATE, ZIP) PHONE: FAX: E-MAIL: SIGNATURE: (Signature Required) Li Check box if Primary Contact PRINTED NAME: Sc<ti Note: Applicant or representative must have property owner's consent to file this application form in order for it to be accepted PROPERTY INFORMATION (REQUIRED) SITE ADDRESS: Poplar Street SE ASSESSOR'S PARCEL ID# 2121059103 2121059165 9171n916 LOT SIZE 10,876 8,376 11R7 AREA TO DEVELOPED (s.f.): 28, 6435F ZONING DISTRICT R20 R20 R2 0 EXISTING USE OF SITE: Vacant PROPOSED USE OF SITE: 6 unit multi-family 3 CITY OF AUBURN Planning & Development Department WASHINGTON Auburn City Hall Annex, 2 "d Floor 1 East Main Street Auburn, Washington 98001 -4998 Tel: 253.931.3090 Fax: 253.804.3114 perm itcenter(a, a uburnwa.gov www.auburnwa.gov VARIANCE APPLICATION VARIANCE - LETTER OF AUTHORIZATION (A copy of this letter must be submitted for each property owner involved) Scott Greenlaw declare under penalty of perjury under the laws of the State of Washington as follows; 1. I am the owner of the property that is the subject of the application. 2. I [ ] have not appointed anyone, or[3have appointed Greg Diener to act as my agent regarding this application. 3. All statements, answers, and information submitted with this application are true and correct to the best of my knowledge and belief. 4. I agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as part of this application. 5. I hereby grant permission for representatives of the City of Auburn and any other Federal, State, or local unit of government with regulatory authority over the project to enter onto my property to inspect the property, take photographs, and post public notices as required in connection with review of this application and for compliance with the terms and conditions of permits and approvals issued for the project. Signature Scott Greenlaw Printed Name 12720 NE 92nd Place /0 2.7 /.' Date Kirkland, WA 98033 Address Kirkland, WA City and State where signed 4 CITY OF AUBURN Planning & Development Department ASHINGT ©N Auburn City Hall Annex, 2nd Floor 1 East Main Street Auburn, Washington 98001 -4998 Tel: 253.931.3090 Fax: 253.804.3114 perrnitcenter5 auburnwa.gov www.aubumwa•gpv VARIANCE APPLICATION VARIANCE -- CONCURRENT APPLICATIONS Please indicate whether you are submitting one or more concurrent applications with this application by checking one or more of the boxes below: Type I Applications (administrative decisions made by the city which are not subject to environmental review under the State Environmental Policy Act [SEPA]): Administrative Use Permit Boundary Line Adjustment Boundary Line Elimination Building Permit Excavation Permit Floodplain Development Permit Grading Permit Home Occupation Permit Land Clearing Permit Mechanical Permit Plumbing Permit Public Facility Extension Agreement ❑ Right -of -way Use Permit ❑ Short Subdivision ❑ Special Permit ❑ Temporary Use Permit (administrative) ❑ Utility Permit Type II Applications (administrative decisions made by the city which include threshold determinations under SEPA): ❑ Administrative Use Permit ❑ Building Permit ❑ Floodplain Development Permit LJ Grading Permit ❑ Land Clearing Permit ❑ Public Facility Extension Agreement ❑ Short Subdivision Type III Applications (quasi - judicial final decisions made by the hearing examiner following a recommendation by staff: ❑ Conditional Use Permit ❑ Preliminary Plat ❑ Special Exceptions ❑ Special Home Occupation Permit ❑ Substantial Shoreline Development Permit ❑ Surface Mining Permit ❑ Temporary Use Permit ❑ Variance Type IV Applications (quasi - judicial decisions made by the city council following a recommendation by the hearing examiner): ❑ Rezone (site- specific) OTHERS - as may apply: ❑ SEPA ❑ SHORELINE EXEMPT • Variance from ❑ Density Standards 5 CITY OF AUBURN Planning & Development Department Auburn City Hall Annex, 2nd Floor 1 East Main Street Auburn, Washington 98001 -4998 Tel: 253.931.3090 Fax: 253.804.3114 permitcenter(5 auburnwa.gov www.auburnwa.gov VARIANCE APPLICATION VARIANCE SUBMITTAL CHECKLIST DIGITAL COPIES OF WRITTEN MATERIALS & GRAPHICS Please provide a labeled readable compact disc(s) containing digital versions of all submitted written materials and plans and graphics for use by the City of Auburn during the variance application review process. Staff will use this information in report preparation and public noticing so please be sure to provide current and accurate information. Written materials should be submitted to be compatible with Microsoft Office desktop software products. Plans and graphics should be submitted in pdf or fif format. APPLICATION FEES - Make checks payable to the City of Auburn All application fees, including, but not limited to: Variance and Public Notice Board Posting Fees. Some fees will not be invoiced until actual costs are known. Link to current fee schedule can be found @ http: / /www.auburnwa.gov /business /Permits Licenses.asp under `Permit and Application Fees' WRITTEN MATERIALS - Total of ten (10) copies unless otherwise noted A. APPLICATION FORM Provide a completed application form signed by the property owner(s) and /or applicant with the completed Variance Application Submittal Checklist. (One original and 9 copies) B. LETTER OF AUTHORIZATION Provide a letter of authorization to act contained within this application packet inclusive of all required signatures. C. WRITTEN STATEMENT addressing: ❑ In detail, a description of your request for a variance; and ❑ Why the variance should be issued, relating to approval criteria listed on pgs. 1 -2 of this application packet. 4 PLANS & GRAPHICS - Total of ten (10) copies unless otherwise noted 7 A. SCALE & LEGIBILITY All plans, except architectural elevations, should be to scale (engineering scale) on paper no larger than 24x36 ", at 1" =100' or larger (1 " =50' preferred). An index sheet of the same size is required for multi -sheet submittals. All plans should be folded to fit a legal size file jack. 6 VARIANCE APPLICATION B. SITE PLAN DRAWING — GRAPHIC REPRESENTATION The following graphic features shall be shown on the drawing: ❑ 1. North arrow, numeric /graphic scale, and date plan was prepared; ❑ 2. Boundaries and dimensions of the property; ❑ 3. Adjacent public streets; ❑ 4. Easements, existing and proposed; ❑ 5. Location and size of all existing and proposed utilities; ❑ 6. Location of building requiring variance, including setbacks; ❑ 7 Location of all other buildings, including setbacks; ❑ 8. Location and layout of off - street parking; ❑ 9. Location and height of fences; ❑ 10. Location and size of signs, if applicable; ❑ 11. Height of structures; ❑ 12. Points of access, interior streets, and driveways, existing and proposed; ❑ 13. Location of refuse storage locations, bicycle parking areas and pedestrian /bike paths, if applicable; ❑ 14. Flood hazards, geological hazards (seismic, steep slope, landslide, erosion), groundwater protection areas, streams, significant trees, wetlands, and wildlife habitat. C. VICINITY MAP A vicinity map sufficient to define the property location and boundaries. 7 Poplar Street Deviation and Variance Request October 27, 2015 City of Auburn Attn: Steven Sturza Address Subject: Request for Deviation from Unit Standards Request for Variance Request from Density Standards Poplar Street Property Steven, eBuilt Home Loans " 2015 Project Number 15001. Thank you for the positive discussions on how our Poplar property might be developed. I have prepared this request to Deviate from the Standards for Frontage improvements and a request also to Vary from the Density Standards. Site Location As you know from our discussions this site is located along the south side Auburn Way South approximately a mile easterly from the Muckleshoot Casino on the outskirts of town. The site itself is located along the west side of Poplar Street SE; its area is 31,126 SF or .71 acres. Poplar Street SE is a dead end street approximately 400 feet long. There are apartments along the East side of the street and several more apartments near the south end of the street on the west side of the site.. There are additionally 3 single family residences near the end of the street on the east side.. All told there are approximately 28 existing dwelling units on this street. Additional units are not permitted per city standards without a second access. I have attached an aerial view of the property from Google Earth. 12720 NE 92 "d Pi, Kirkland, WA 98033 1 Toll Free: 888.887.3117 ( Fax: 888.578.9877 1 www.eBuiltHomeLoans.com eBuilt Home Loons Poplar Street Deviation and Variance Request Development Deviation from Standards eBuilt Home Loans In developing this site, we have prepared a preliminary plan of the improvements required to Poplar Street SE to be consistent with City Standards. We find that the addition of public Street improvements consistent with Auburn Municipal Code 12.64A would entail new pavement, curb, gutter and sidewalk, along with a Water main extension, storm improvements, street lighting and landscaping. All of those requirements would be exceedingly expensive — on the order of $200,000 to $250,000. For developing a small site these costs are prohibitive. Development in this area would be for new homes in the low to mid $200's. Saddling this site with those additional costs just make the site very difficult if not impossible to develop. Agreement to Participate However, that said, I understand that you may be willing to participate in a reduced scale of development. The site presently has an agreement with the city to participate in a no protest fashion should the Poplar Street SE area develop with a LID for street construction. We agree to continue that. We would similarly agree to: • Provide a fire truck turnaround (hammerhead variety) at the entrance to the site. • We would agree to dedicate 10 feet of the site frontage — approximately 2483 SF. • Agree to save many of the large fir trees on the site both in the northern and westerly portions of the site • Agree to lot combine the three lots into one lot • Agree to limit the number of units built on the site to Six units. • Agree to provide onsite storm facilities consistent with City Code. 2 12720 NE 92nd PI, Kirkland, WA 98033 I Toll Free: 888.887.3117 I Fax: 888.578.9877 1 www.eBuiltHomeLoans.com B il�"L Home Loons Poplar Street Deviation and Variance Request eBuilt Home Loans By limiting development and reducing the improvements required, we may be able to achieve a developable site. This area presently is served with gravity sewer and a water main. An existing paved road has been constructed to the far end of Poplar Street. The site slopes are reasonably flat. Access to the site would be unencumbered. It appears that the site could be reasonably served by existing utilities with good emergency access. A new development in this area would only enhance the surrounding properties most of which are presently in fairly bad shape. Variance from Density Standard This site has a perplexing problem. From the density perspective one would like to see the density maximized so that development costs are shared by as many units as possible. But that hinders development from the transportation perspective in that there are already more units being served by this two lane road than code allows. Planning would like to see density increased so that Growth Management objectives are attained. Thus the conundrum — increase density versus access standards. If development were limited to six dwelling units instead of the maximum units there may be some middle ground. R20 is the designated zoning for this site.. The site area is 31,126 SF pre- dedication. Dedication is proposed for 2483 SF leaving a site of 28,643 SF. At R 20 the maximum yield would be 13 units. Six units are proposed which is slightly under half of the maximum density. The site's triangular shape presents some challenges in site planning. Six units would fit on this site leaving a good portion of the site undisturbed and many of the larger firs intact. I have asked my design team to prepare a preliminary site plan with this proposal for your consideration. That site plan is attached. Also attached is the aforementioned aerial view of the undeveloped site. 3 12720 NE 92nd PI, Kirkland, WA 98033 1 Toll Free: 888.887.3117 I Fax: 888.578.9877 1 www.eBuiltHomeLoans.com Poplar Street Deviation and Variance Request eBuilt Home Loans I request your consideration of this proposal and would be willing to discuss this further at your convenience. Thank you. Scott Greenlaw President Attachments: Auburn Multifamily Aerial View Proposed Site Plan 4 12720 NE 92nd PI, Kirkland, WA 98033 I Toll Free: 888.887.3117 I Fax: 888.578.9877 I www.eBuiltHomeLoans.com PENSIONS Exhibit 9 A PORTION OF THE SE 1/4 OF THE SW 1/4 OF SECTION 21, TOWNSHIP 21 N., RANGE 5 E., W.M. POPLAR MULTI—FAMILY (PROJECT NO. 15001) OWNER/DEVELOPER API'H;Og.TE',7A.119i1O'F NE. S'TE 2°4 BEITrso(rMatV2I1E,B„J„on.oens.pon, MAL ENGINEER PM., MO FAN EROCH 308-16.10 SURVEYOR NOTE M;ATIVs'4-7orcZan 7A)( 2121C)5,7Cal D‘, D.DDIDA, ▪ .1(1434i,A. I▪ ‘D 44',7 — 6" PVC SUS / ETVP , ABB "B1JE . .9E—BE E /BEE \\1 SURVEYOR'S NOTES ZCZNL:EENoTs'yWOLT'FHATSY,E14pier/dialirjac, =1TRIIEr1B4TEFEFTOFEIER,B4O02,0TrOZENA,L,174Ez.,E, ''HE'IK)7S41FN D.% r4CrE6ITC '7673'27302BIZE S'Er'NNEO'BS4FE OF 004727,111N744NE ' ""'""4 ' VrCrI,11'? FHFCH‘C'T THIS 0 E-ONB'HJ-J'hBO --G.‘61'\66' STATION IHNP) SEWER SEIGilC111B.C6 1.5" HD. ore, FORMA. 6.?E. \ / 7— / VFX Mr74Z422:'," LEGEND =61 ry L,RPT ry RE ry CH ryr L ory RE ry CH SO LAT o ry R W • NEW CB TARE 17VILTOZLINE NNEIWN 11,71PIE'rXE'PN PROPOSED PAVEMENT r6:71 ENSINC RAGEJENT CONNECT 10 EV. SSPH 11171-2B"HOn1HEI FORCE.. PARCEL INFORMATION E'RENTEk137"e'-- BASIS OF BEARING CITY OF AUBURN (PARCEL NOS. 212105-9103, -9165, -9166) SITE NJDORN MEM E BC VICINITY MAP 041AIN`D VERTICAL DATUM rvore, AMERICAN VER.. DATUM OF Ism NAND BS) BENCH MARKS ;°•,7:0F „BBBE, BENABEJA„ J4,„. Fammvizzaz4,TaMsLf6°70,10 " S'THE"T ELEVANO. 57.1, FEET. ENRT191:07:6,1:6FENHOn6MH=RWITL' ELEVANON, 3.21.46 FEET JAR STREET SE AND 22 FE. SE OF TRANSFORMER PAD LEGAL DESCRIPTION F,Thii°4;IiE7F47?,:z.9iFOREEWS"%`.1°U"'MTV''' PROJECT REF JaLFRINrFalHOANPZEErlit.''" APPROVED 136 DATE APPROVED RECORD DRAWING CERTIFICATION THESE DRAWINGS CONFORM TO THE CONTRACTOR'S CONSTRUCTION RECORDS NTH/1.051E0N CONFIRMED IAN C. POPLAR MULTI - FAMILY 6 'PROJECT .15001 DRAWN El EMA Is., 04-25-2015 SITE FLAN CO1 PENSIONS, rr: LOT 2 4° m -----,:,----,,:-----_ ▪ -,. - --_. i-• '°- LOT 1 s / /7 / /' ri *Gi .scALE W..446r PAR-,°,01BW • PRELIMINARY POPLAR MULTI - FAMILY 5.15-5N. 001VD1115/NS 012 Exhibit 5 Poplar Street Deviation and Variance Request October 27, 2015 City of Auburn Attn: Steven Sturza Address Subject: Request for Deviation from Unit Standards Request for Variance Request from Density Standards Poplar Street Property Steven, 1-v*>•"•< eBuilt Home Loans Project Number 15001. Thank you for the positive discussions on how our Poplar property might be developed. I have prepared this request to Deviate from the Standards for Frontage improvements and a request also to Vary from the Density Standards. Site Location As you know from our discussions this site is located along the south side Auburn Way South approximately a mile easterly from the Muckleshoot Casino on the outskirts of town. The site itself is located along the west side of Poplar Street SE; its area is 31,126 SF or .71 acres. Poplar Street SE is a dead end street approximately 400 feet long. There are apartments along the East side of the street and several more apartments near the south end of the street on the west side of the site.. There are additionally 3 single family residences near the end of the street on the east side.. All told there are approximately 28 existing dwelling units on this street. Additional units are not permitted per city standards without a second access. I have attached an aerial view of the property from Google Earth. 1 12720 NE 92nd PI, Kirkland, WA 98033 I Toll Free: 888.887.3117 1 Fax: 888.578.9877 www.eBuiltHomeLoans.com Poplar Street Deviation and Variance Request Development Deviation from Standards ,•P'1*›^Cri■ eBuilt Home Loans In developing this site, we have prepared a preliminary plan of the improvements required to Poplar Street SE to be consistent with City Standards. We find that the addition of public Street improvements consistent with Auburn Municipal Code 12.64A would entail new pavement, curb, gutter and sidewalk, along with a Water main extension, storm improvements, street lighting and landscaping. All of those requirements would be exceedingly expensive — on the order of $200,000 to $250,000. For developing a small site these costs are prohibitive. Development in this area would be for new homes in the low to mid $200's. Saddling this site with those additional costs just make the site very difficult if not impossible to develop. Agreement to Participate However, that said, I understand that you may be willing to participate in a reduced scale of development. The site presently has an agreement with the city to participate in a no protest fashion should the Poplar Street SE area develop with a LID for street construction. We agree to continue that. We would similarly agree to: • Provide a fire truck turnaround (hammerhead variety) at the entrance to the site. We would agree to dedicate 10 feet of the site frontage — approximately 2483 SF. Agree to save many of the large fir trees on the site both in the northern and westerly portions of the site • Agree to lot combine the three lots into one lot • Agree to limit the number of units built on the site to Six units. • Agree to provide onsite storm facilities consistent with City Code. 2 12720 NE 92nd PI, Kirkland, WA 98033 1 Toll Free: 888.887.3117 I Fax: 888.578.9877 1 www.eBuiltHomeLoans.com B il�� Horne Loons Poplar Street Deviation and Variance Request eBuilt Home Loans By limiting development and reducing the improvements required, we may be able to achieve a developable site. This area presently is served with gravity sewer and a water main. An existing paved road has been constructed to the far end of Poplar Street. The site slopes are reasonably flat. Access to the site would be unencumbered. It appears that the site could be reasonably served by existing utilities with good emergency access. A new development in this area would only enhance the surrounding properties most of which are presently in fairly bad shape. Variance from Density Standard This site has a perplexing problem. From the density perspective one would like to see the density maximized so that development costs are shared by as many units as possible. But that hinders development from the transportation perspective in that there are already more units being served by this two lane road than code allows. Planning would like to see density increased so that Growth Management objectives are attained. Thus the conundrum- increase density versus access standards. If development were limited to six dwelling units instead of the maximum units there may be some middle ground. R20 is the designated zoning for this site.. The site area is 31,126 SF pre- dedication. Dedication is proposed for 2483 SF leaving a site of 28,643 SF. At R 20 the maximum yield would be 13 units. Six units are proposed which is slightly under half of the maximum density. The site's triangular shape presents some challenges in site planning. Six units would fit on this site leaving a good portion of the site undisturbed and many of the larger firs intact. I have asked my design team to prepare a preliminary site plan with this proposal for your consideration. That site plan is attached. Also attached is the aforementioned aerial view of the undeveloped site. 3 12720 NE 92nd PI, Kirkland, WA 98033 1 Toll Free: 888.887.3117 I Fax: 888.578.9877 I www.eBuiitHomeLoans.com Poplar Street Deviation and Variance Request )"'s■*"<".. eBuilt Home Loans I request your consideration of this proposal and would be willing to discuss this further at your convenience. Thank you. Scott Greenlaw President Attachments: Auburn Multifamily Aerial View Proposed Site Plan 4 12720 NE 92 "d PI, Kirkland, WA 98033 I Toll Free: 888.887.3117 1 Fax: 888.578.9877 www.eBuiltHomeLoans.com CITY OF Fyi jcju7 WASHINGTON Nancy Backus, Mayor 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 - 931 -3000 NOTICE OF APPLICATION (NOA) NOTICE OF PUBLIC HEARING Poplar Street Multi - Family — Variance for Minimum Density VAR15 -0013 The City of Auburn is issuing a Notice of Application (NOA) for the following described project. The permit applications and listed studies may be reviewed at the Auburn Community Development & Public Works Department at 1 E Main ST, 2nd Floor, Customer Service Center, Auburn, WA 98001. Proposal: Request for Variance to decrease the R20 Residential minimum density standard of fifteen (15) dwelling units (DUs) to approximately nine (9) DUs per net acre ( "Variance "). The Variance is requested to accommodate residential development of three (3) vacant lots totaling approximately 0.71 acres ( "Site') with street frontage only on Poplar ST SE by: • Reducing the minimum number of DUs required for residential development on the Site from ten (10) to six (6) DUs; and • Supporting approval of a Deviation Request from the City of Auburn Engineering Design Standards to permit minimal additional access on Poplar ST SE, a dead -end street that currently serves five (5) DUs more than the maximum twenty -five (25) DUs per the standard. Construction of two (2) multi - family residential buildings totaling six (6) DUs is proposed. Location: The project site is located on the west side of Poplar ST SE, at its intersection with Auburn Way S, within SW' of Section 21- 21 -05. King County Assessor Parcel No.'s 2121059103, 2121059165, and 2121059166. Notice of Application: Notice of Completeness: Permit Application: December 14, 2015 November 30, 2015 October 30, 2015 File No. VAR15 -0013 Applicant/ Property Owner: Agent: eBuilt, LLC c/o Scott Greenlaw 12720 NE 92nd PL Kirkland, WA 98003 Pacific Engineering Design, LLC c/o Greg Diener 15445 53rd AVE S, STE 100 Tukwila, WA 98188 Studies /Plans Submitted with Application: • Site plan, Pacific Engineering Design, LLC, April 28, 2015 AUBURN * MORE THAN YOU IMAGINED NOTICE OF APPLICATION — VAR15 -0013 (Continued) Other Permits, Plans, and Approvals Needed: • Boundary Line Elimination, Facilities Extension Agreement, Grading Permit, Building Permit, Storm Permit, Utility Permits Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Design and Construction Standards. Public Comment Period: All persons may comment on this application. Comments must be in writing and received by the end of the 15 -day comment period at 5:00 p.m. on December 29, 2015 to the mailing address of 25 W Main ST, Auburn, WA, 98001 -4998. Any person wishing to become a party of record, shall include in their comments that they wish to receive notice of and participate in any hearings, if relevant, request a copy of decisions once made, and be made aware of appeal rights. For questions regarding this project, please contact Gary Yao, Planner II, at gyaoRauburnwa.gov or (253) 288 -4301. Public Hearing: The Hearing Examiner will conduct a public hearing on the Variance at City Hall Council Chambers, 25 W Main ST, Auburn, Washington 98001 on January 13, 2016 at 5:30pm. Page 2 of 3 NOTICE OF APPLICATION — VAR15 -0013 (Continued) Project Site Page 3 of 3 CITY OF AUBURN WASHINGTON AFFIDAVIT OF POSTING OF LEGAL NOTICE BY APPLICANT Application Number: Applicant/ Property Owner: Agent: Location: VAR15 -0013 eBuilt, LLC c/o Scott Greenlaw 12720 NE 92nd PL Kirkland, WA 98003 Pacific Engineering Design, c/o Greg Diener 15445 53rd AVE S, STE 100 Tukwila, WA 98188 RECEIVED DEC 14 2015 LLC CITY OFAUBURN PERMIT CENTER West side of Poplar ST SE, at its intersection with Auburn Way S, within SW 1.4 of Section 21- 21 -05. King County Assessor Parcel No.'s 2121059103, 2121059165, and 2121059166. Closing Date for Public Comments: December 29, 2015 I certify that on t2- Z 5 1 did erect a land use posting board at the location above, which included a Notice of Application for the above referenced application, as required by Auburn City Code (ACC) 1.27, 14.07 and 18.70.010(A). The board was erected at least 15 days prior to the closing date for public comments noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Name (please print or type) Date ' Si nature 0)1:1 2(.__.-r-4/k. NOTE r Kis affidavit must be returned to the Community Development & Public Works Department at least one week prior to the closing date for public comments or review of the application may be postponed. WASHINGTON AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE Application Number: Applicant! Property Owner: Agent; Location: VAR 15 -0013 eBuift, LLC c/o Scott Greenlaw 12720 NE 92n' PL Kirkland, WA 98003 Pacific Engineering Design, LLC c/o Greg Diener 15445 53rd AVE S, STE 100 Tukwila, WA 98188 West side of Poplar ST SE, at its intersection with Auburn Way S, within SW % of Section 21- 21 -05. King County Assessor Parcel No.'s 21 21 0591 03, 2121059165, and 2121059166. Closing Date for Public Comments: December 29, 2015 I certify that on December 14th I did send a Notice of Application for the above referenced application, as required by Auburn City Code (ACC) 14.07 and 18.70.010(A) to all property owners located within 500 feet of the affected site. Said Notice was mailed pre -paid stamped through the United States Postal Service at least 15 days prior to the closing date for public comments noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. -- Jennifer OIi - (-- Community Development Office Assistant- itt)eScattleiritues City of Auburn, Finance Dept City Clerk 25 WMainSt Auburn, WA 98001 Re: Advertiser Account 0 107302 Ad #: 606624 STAKE OF WASHINGTON Counties of King and Snohomish Agency Account #: 0 Agency Name: Affidavit of Publication. The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, Slate of Washington. The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers during all of the said period. • t1 sf3 4. Newspaper and Publication Date(s) Seattle Times 12/14/15 Signatw'ec._ irbscribed and sworn to before the on 1A.Q6 /1/ r DATE Christina C. McK a --- 6tary;S;iigt ti i-e) Notary Public in and 17, the Stale o Washington, residing at Seattle e Scattie Qluws Re: Advertiser Account # 107302 Ad #: 606624 Agency Account #: 0 Agency Name: CITY OF AUBURN AD TEXT NOTICE OF APPLICATION AND NOTICE OF PUBLIC HEARING The City of Auburn Is issuing a Notice of Application [NOA) for the following de- scribed protect. The permit applications and listed studlos may be reviewed at the Auburn Community Development & Public Works Department at 1 E Moln ST 2nd Floor, Customer Service Center, Aulaurn, WA 95001, Proposal; Request for VurlanOO to decrease the R20 Residential minimum density standard of fifteen (15) dwelling Units (DUO to approximately nine (9) PUs per net acro ("Variance "), The Variance Is requested to accommodate residentiol development of three (3) vacant lots total- ing approximately 0,71 acres ( "511e1) with street frontage only on Poplar ST 5E by: redurIne the minimum number of DUs re- quired for residential development on the Site from ten (10) to six (5) DLls; and sup- Porting approval of a Deviation Roquost from the City of Auburn Engineering Design Standards to permit minimal ad- ditional access an Poplar Sr SE, a dead - end street that currently serves five (5) DUs more than the maximum twenty -five {25) DUs per the standard. Construction of two (2) multi-family residential buildings totaling six (0 DUs is Proposed, Location: The protect site is located on the west side of poplar ST SE, at Its intersection with Auburn Woy S, Within SW 1I1 of Section 21- 21.05, King County Assessor Parcel No.'s 2121059103, 2121059165, and 2121059164. Notice of APPIIcatlon: December 14, 2015 Notice of Completeness: November 30, 2015 Permit APPllceflon: October 30, 2015 Filo No. VAR15 -0013 Applicant /Property Owner; obullt, LLC, c/o Scott Greenlciw, 12720 NE 92nd PL Kirkland, WA 93003 Agent: Pacific Engineering Design LLC, c/o Greg Diener, 15445 53rd AVE S�, 5TE 100, Tukwila, WA 95185 Studies /Plans Submitted With Application: Site plan, Pacific Engineering Design, LLC, April 25, 2015 Other Permits, Pions, and Approvals Nooded: • Boundary Line Elimination, Focilities Extension Agreement, Grading Permit, Building Permit, Storm Permit, Utility Permits Statement of Consistency and List of Applicable Development Ree- VlotionS: This proposal is sublet} to and shall be consistent with the Auburn City Codo, Comprehensive Pion, and Public Works Design and Construction Stan- dards, Public Comment Period; All per- sons may comment on this application. Comments must bent Writing and received by the erld of, Ilse 15 -day comment period al 5:00 p.m, on Decarnher 29, 2015 to the 1nnlllnsl address of 25 W Main ST, Auburn, WA, 90001 -4995. Any person wishing to be- nine n party of record, shalt Include in their comments thot they wish to receive notice of and participate In any hearings, If relevant, request a copy of decisions once inado, and he made aware of appeal rights, For questions regarding this prot- ect, Illeasa contact Gory Yew, Planner II, at 91y4110@auburnw..gov or 1253) 235.4301. Public Hearing; 1 he Hearing Examiner will conduct Cl public hearing on the Vari- ance at City Hall Council Chambers 25 W Main ST, Auburn, Washington 98001 on January 13, 2016 al 5:361rm.