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03-16-2022 Hearing Examiner Agenda
HEARING EXAMINER March 16, 2022 5:30 p.m. The Auburn City Hearing Examiner Meeting scheduled for Wednesday, March 16, 2022 at 5:30 p.m. will be held virtually and telephonically. To attend the meeting virtually please click the below link, enter the meeting ID into the Zoom app, or call into the meeting at the phone number listed below. Per Governor Inslee's Emergency Proclamation 20-05 and 20-28 et. seq. and the City of Auburn Resolution No. 5581, City of Auburn has designated meeting locations as “virtual” for all Regular, Special and Study Session Meetings of the City Council and for the Committees, Boards and Commissions of the City. The link to the Virtual Meeting or Phone Number to listen to the Hearing Examiner is: Join Zoom Meeting https://us06web.zoom.us/j/87586621408 Meeting ID: 875 8662 1408 One tap mobile 1 (253) 215-8782 Appeal Number APPL22-0001/BUS-36240 Appeal Date: December 20, 2021 Appellant: Surinder Khela Managing Broker Better Properties Kent 10725 SE 256th Street, Suite 5 Kent, WA 98030 Property owner: Balbir A. Toor Papinder Singh BG Building, LLC 24312 118th Ave SE Kent, WA 98030 Project Description: Appeal of City’s administrative decision to deny a rental housing business license. The business license application was to allow for rental housing of a second structure on the property. The City denied the license for 421 49th ST NE, because single-family residences are not allowed and historically not allowed in this zoning district. The site is located in the C-3, Heavy Commercial District. Further, the applicant failed to Page 2 demonstrate that the structure was ever legally permitted as a residence. Location: 421 49th St NE, Auburn, WA Parcel Number: King County Assessor’s Parcel Number 9360600351 Exhibit 1 Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 1 Appeal of Rental Business License Denial (BUS-36240) APL22-0001 I. GENERAL INFORMATION: Appeal Date: December 20, 2021 Appellant: Surinder Khela Managing Broker Better Properties Kent 10725 SE 256th Street, Suite 5 Kent, WA 98030 Property owner: Balbir A. Toor Papinder Singh BG Building, LLC 24312 118th Ave SE Kent, WA 98030 Project Description: Appeal of City’s administrative decision to deny a rental housing business license. The business license application was to allow for rental housing of a second structure on the property. The City denied the license for 421 49th ST NE, because single-family residences are not allowed and historically not allowed in this zoning district. The site is located in the C-3, Heavy Commercial District. Further, the applicant failed to demonstrate that the structure was ever legally permitted as a residence. Location: 421 49th St NE, Auburn, WA Parcel Number: King County Assessor’s Parcel Number 9360600351 Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 2 Subject Property and Adjacent Property Comprehensive Plan designation, Zoning classification and current Land Use: Comprehensive Plan Designation Zoning Classification Current Land Use Site Heavy Commercial C-3, Heavy Commercial Automotive Repair & Residential North Heavy Commercial C-4, Mixed-Use Commercial Vacant South Heavy Commercial C-3, Heavy Commercial Single-family residential West Heavy Commercial C-3, Mixed-Use Commercial Vacant East Heavy Commercial C-4 Mixed-Use Commercial Multi-Family VICINITY MAP (2019 aerial photo) Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 3 (Expanded view of 2019 aerial photo) Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 4 Zoning Map: II. SEPA STATUS: The business license denial and associated appeal are categorically exempt from SEPA, as identified in WAC 197-11-800(13). III. FINDINGS: General 1. On December 20, 2021 Surinder Khela, Better Properties Kent (Appellant) submitted an application for an appeal of the City’s decision (File No. APL22-0001). The application was filed on behalf of Balbir Toor and Papinder Singh, BG Building, LLC, 24312 118th Ave SE, Kent, WA 98030 (Property Owners). The request seeks to appeal the City’s denial of a rental housing business license (File No. BUS-36240). Included with the appeal request was a copy of the current rental lease and a floor plan for the structure for which the rental housing business license was denied. The appeal request is marked as Exhibit 3A. The lease and floor plan documents are Exhibits 3B and 3C, respectively. C-3 C-4 C-4 Subject Site Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 5 2. Prior to the receipt of the appeal, the City received an application for a Rental Housing Business License on August 25, 2021. The license application form includes space to list more than one rental housing property. The application makes reference to both the structure that is the subject of this appeal (421 49th St NE), and the residence at 4901 D St NE that are both located on the same property; Parcel number 9360600351. The application form is set up so that each rental housing unit can be assigned a unique business license number. The residence at 4901 D St NE was reviewed and issued a separate business license (BUS-36239). The rental business license application describes the residence at 421 49th St NE (subject structure) as being a two-bedroom, one-bathroom residence for up to four occupants. A copy of the completed license application is provided as Exhibit 4. 3. On December 10, 2021, the City responded to the receipt of the Application for a rental housing Business License by issuing a formal written letter of denial for the rental housing located at 421 49th ST NE in accordance with the City’s code requirements for processing of rental housing business licenses (ACC 5.22.070, “(Rental Housing) License Application – Approval or Disapproval Procedure”). The Rental Business License letter of denial is marked as Exhibit 5. The letter lists the following reasons for denial of the license: “ 1. The property at 421 - 49th St NE is zoned C-3 Heavy Commercial.; 2. Single-Family Residential uses are prohibited in this zone.; 3. The City of Auburn does not have any records that the structure(s) at 421 - 49th St NE, located on the SW portion of the property, was built as, or permitted as a residential use.; 4. Due to a lack of permitting history confirming that this structure is a legal residence, the city cannot approve this rental business license.” The letter as required by city code also identifies the appeal procedure. 4. The subject of the appeal is regarding allowing an un-permitted second residential structure on the subject property to be rented as a single-family residence. The site is in the C-3 Heavy Commercial zone, in which new single-family residential uses are prohibited. See ACC 18.23.030. 5. The appeal application was timely received in accordance with ACC 5.15.070, “‘Appeal from denial or notice or order” since the appeal application was received within twenty days of mailing of the written letter of denial. The city’s denial was issued on December 10, 2021, and the Appeal was received on December 20, 2021. See Exhibit 3. Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 6 Site Characteristics 6. The Site currently has a Comprehensive Plan designation of “Heavy Commercial” and is zoned C-3, Heavy Commercial. 7. The properties surrounding the site all have the same “Heavy Commercial” Comprehensive Plan designation. The sites located to the south and west are zoned C-3 Heavy Commercial while the sites to the north and east are zoned C-4 Mixed-Use Commercial. 8. The subject parcel is approximately 0.79 acres (34,320 sq. ft.) in size according to the King County Assessor’s website. The site is rectangular with longer access north to south and relatively flat. The site is located on the northwest corner of 49th St NE and D St NE. 49th St NE is improved with curb, gutter, and sidewalk abutting the site. D St NE contains only a gravel/dirt shoulder area. Frequently there are multiple vehicles parked on the shoulder associated with the automotive repair use. 9. The site is developed with multiple structures and land uses. The north portion of the property contains two, 2-story sheet metal buildings generally being used for automotive repair service uses while the south portion of the site is being used for residential purposes. The structures and uses from north to south are summarized below: a. 4912 D St NE – Contains a 2,400-square-foot automotive repair and services use that was constructed in 2004. Multiple City permits, including a SEPA determination, were issued for this project b. 4912 D St NE C – Contains a 3,170-square-foot automotive repair and services uses that was constructed in 1980, according to the King County Assessor’s website. There are no permit records on file confirming when this site was initially constructed c. 4901 D St NE – Contains a 1,370-square-foot single-family residence that has an unknown construction date. Aerial photographs confirm the residence was present in 1990. There are no permits on file for this dwelling with the City. d. 421 - 49th St NE – Contains a 1,080 square foot accessory structure that is being used as a second residence. There are no permits on file for this structure with the City. See Exhibit 6 for a site plan depicting the location of each structure and use as identified above. Please note that the chronology of permits (Pages 3-4) while referring to the same address of 4901 D ST NE, actually refers to different site buildings. 10. Staff prepared a timeline of the permitting history on file with the City of Auburn for the site, beginning in 1993. Due to various changes in addressing and changes in tenants and operations, the addresses that are currently associated with each structure may have changed over time. The two highlighted items within the permit history document are the only permitting records that make reference to any sort of residential use/occupancy for the entire site. Specifically: • BLD93-0495 – Building permit approved and issued in 1993 for a wood framed, private residential garage • OCC03-0026 – Certificate of Occupancy that allowed an unpermitted residential use within one of the northern automotive repair business buildings to be converted back to automotive use in response to city enforcement of a code violation. The Certificate of Occupancy is marked as Exhibit 7. Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 7 11. King County Assessor’s website records indicate that, in addition to the two automotive service structures, the site contains one, 1,370 square foot, “flat-valued” single-family residence (SFR) and one, 1,080 garage. The records indicate the structures of the site were assessed and value determined by King County on February 2, 2004. The assessment does not identify a second dwelling on the site. See Exhibit 8. 12. The City has no record of ever conducing a building or fire code-related inspection of the structure at 421 49th St NE. Site History 13. The subject property was annexed into the City of Auburn from unincorporated King County on December 21st, 1970, by Ordinance No. 2511. 14. According to City records, in 1987 the zoning of the property was changed from what was then the city’s C-4 zoning district to what was then the City’s C-3, Heavy Commercial zoning district. The zoning was changed by city ordinance No. 4229. A Copy of the zoning development standards and land uses for the circa 1987 C-3 Heavy Commercial zoning district are Exhibit 12. The use regulations do not allow a new single-family residence, as it is not listed as an allowed or conditionally permitted use. 15. According to the King County Assessor’s website, the property was acquired by the current owner, BG Building, LLC, on April 20, 2021. See deed (Exhibit 13). The former property owner was Frank and Julie Kay Allen who acquired the property in 1987. 16. On August 23, 2003, a Determination of Non-Significance (DNS) was issued for the site to allow for the construction of the automotive service use on the northerly portion of the site, addressed as 4912 D St NE. The SEPA determination did not identify or conclude that multiple residences existed on the property at the time. See Exhibit 9. 17. On May 14, 2004, the northerly commercial structure addressed as 4912 D St NE received a Certificate of Occupancy. See Exhibit 7. 18. The City has had a rental housing business license for the single-family residence at 4901 D ST NE (house on the SE corner) that was applied for by the previous property owner, Allen and Julie Kay Frank since 2005 (BUS-22865). This license has been renewed each year until the property was no longer owned by the Franks. See Exhibit 15. 19. City records indicate that 421 49th St NE does not have an active water, sewer, or storm utility billing account. Further, city records indicate that 4925 D St NE (also referred to as 4912 D St NE) and 4901 D St NE has active water and sewer service accounts. Additionally, City records indicate that there was previously garbage collection service at 421 - 49th St NE, but such account has been closed. See Exhibit 10 for an email from the City Utilities Division Manager. 20. King County Assessor’s website Records indicate that 4912 D St NE was constructed in 2004 and 4912 D St NE C was constructed in 1980. The construction date is not indicated for the residence addressed as 4901 D St NE and the structure subject to this appeal addressed as 421 - 49th St NE. Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 8 21. On December 29, 2021, the City of Auburn submitted a public records request to King County Permitting Records staff requesting all permit records associated with Parcel Number 9360600351. In the hopes that records could be discovered establishing 421 - 49th St NE as a residential use authorized by King County permit. The automatic acknowledgement received at records request submittal indicated: “We anticipate providing you an update and/or responsive records in approximately 10-12 weeks.” As of the date of the writing of is report, no such records have been provided to the City of Auburn. See Exhibits 11A and 11B. 22. The City does not have records and is unaware of any records that established 421 49th St NE as an authorized residential use. Comprehensive Plan & Zoning Designation: 23. The Site currently has a Comprehensive Plan designation of “Heavy Commercial”. The C- 3, Heavy Commercial zoning district is one of the zoning classifications that implement the “Heavy Commercial” Comprehensive Plan designation of the Site. 24. The stated description and designation criteria of the “Heavy Commercial” Comprehensive Plan map designation (Pages LU-9 through LU-10) are as follows: “Description: This category is intended to accommodate uses that would also accommodate a wide range of heavier commercial uses involving extensive storage or vehicular movement”. “Designation Criteria: 1. Previously developed heavy commercial areas; or 2. Located along major arterial streets; 3. Properties that are buffered from the single-family designation by landscaping, environmental features, or the Residential Transition designation and buffered from all other Residential designations; and 4. Meets the development parameters of the Heavy Commercial designation”. 25. The stated intent of the current C-3, Heavy Commercial Zoning District (ACC 18.23.020(E)) is: “C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities, display, fabrication or service features when not the predominant portion of the use. The uses enumerated in this classification have more potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications” 26. New Single-family residential uses and accessory uses thereto are prohibited in the C-3 Heavy Commercial zone. See ACC 18.23.030 – “Uses”. 27. New and second single-family residential uses have been prohibited in the C-3 Heavy Commercial zone since at least June 1, 1987 (City of Auburn Ordinance No. 4229, adopted June 1, 1987) (Exhibit 12) Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 9 Relevant Auburn City Code (ACC) Sections: 28. The City of Auburn’s code regulations prescribe that a business license is required for business activities. The City has a general license category and a category for certain specific types of businesses. Since 2002 Rental Housing is one of the specific businesses requiring a license. The regulations are found in Chapter 5.22, “Rental Housing Business License and Strategies”. Subsection 5.22.010, “Purpose”, specifies: “This chapter applies to all rental units in the city of Auburn. The purpose of this chapter is: A. To protect the health, safety and welfare of the tenants that reside within a rental property. B. To establish standards that protect both landlord and tenant rights. C. To protect the health, safety and welfare of the general public that visit rental properties or that reside at nearby properties. D. To establish uniform and consistent policies and procedures for the licensing of rental units. E. To establish enforcement procedures that are invoked as a result of violations of Auburn City Code.” 29. Subsection ACC 5.22.030, “(Rental Housing) Business license– Fee” requires the license issuance and the calendar year basis for renewal, as follows: “Each rental housing business operating in the city, as defined herein, shall obtain and maintain in good standing a city of Auburn business license issued by the city in accordance with the procedures of this chapter and this title.” “A. The fee for a business license required under this chapter shall be as set forth in the city of Auburn fee schedule.” “B. The business license fee shall be for the calendar year (January 1st through December 31st), and each applicant for the business license must pay the full business license fee for the current calendar year during which the applicant has engaged in business, regardless of when during the calendar year the license is obtained.” 30. The City Code provides the following procedures related to the denial of Rental Housing Business Licenses: “5.22.070 License Application – Approval or disapproval procedure. D. Deny any application for license upon written findings that the granting would violate this chapter. A violation of this chapter shall be considered to be detrimental to the public peace, health or welfare: 1. Whenever any such license is denied the applicant may within 15 calendar days from date of action file written notice of appeal to the city’s hearing examiner. Action of the hearing examiner may be appealed 15 calendar days from date of action to the city council and action of the council shall be conclusive and not subject to review. Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 10 2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same.” 31. The city code provides that appeals of denial of rental housing business licenses shall be heard by the City’s Hearing Examiner: “ACC 2.46.035 (Hearing Examiner) Powers and areas of jurisdiction. The hearing examiner shall have the power to receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact, conclusions based upon those facts and enter decisions as provided by ordinance. Notwithstanding any other provision in the Auburn City Code, the hearing examiner’s areas of jurisdiction shall include those matters contained in this chapter. B. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the city council as provided in this chapter: 1. Appeals from denial, civil penalty suspension or revocation of a business license. (ACC 5.15.070) 2. Appeals from denial of a rental housing business license. (ACC 5.22.070(D)).” 32. The City Code provides the following guidance on the ‘burden of proof’ in appeal cases: “ACC 2.46.120 Burden of proof. Unless otherwise provided for in the Auburn City Code, the burden of proof before the hearing examiner shall be as follows: A. Appeal Hearings. The applicant/appellant shall have the burden of proof, by a preponderance of the evidence, as to material factual issues except where applicable city code provisions or state law provides otherwise.” 33. The City Code provides the following guidance on the conduct of the hearing: “ACC 2.46.130 Public hearing. A. Before rendering a decision or recommendation on any application for which a public hearing is required, the examiner shall hold a public hearing thereon. Unless otherwise required by the Auburn City Code, all hearings conducted by the examiner shall be open record hearings. Notice of the place and time of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, the following notice requirements shall be followed: 1. Be given not less than 10 days prior to the date of the hearing; 2. Set forth the time, place and purpose of such hearing; 3. Be provided in accordance with the requirements of ACC 14.07.040.” 34. The City Code provides the following rules regarding continuance of non-conforming structures and uses: “18.54.020 Continuance of nonconforming structures and uses. Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 11 Any nonconforming structure or use lawfully existing on the effective date of this title, or any subsequent amendments to this title, may be continued and maintained in conformance with provisions of this chapter, provided no enlargement of area, space or volume occupied by the nonconforming use occurs. Any nonconforming structure authorized by a valid building permit prior to the effective date of the ordinance codified in this title, or any subsequent amendments to this title, may be completed and used in accordance with the plans, specifications and regulations under which such permit was issued. Expiration of authorized permits will result in a loss of vested right for construction and use of such structure. (Ord. 4229 § 2, 1987.)” Applicable Case Law 35. Regarding operating a non-conforming use, Seven Hills, LLC v. Chelan Cty., 13 Wn. App. 2d 1030, review granted, 196 Wn.2d 1016, and rev'd in part, 198 Wn.2d 371(2021) notes the following: “Unlawfully operating a greenhouse without the necessary permits to do so simply does not establish a lawful use.” 36. Regarding operating a non-conforming use, First Pioneer Trading Co., Inc. v. Pierce Cty., 146 Wn. App. 606, 617, 191 P.3d 928, 933 (2008) notes the following: “… the hearing examiner considered First Pioneer's failure to obtain permits in determining whether First Pioneer had established the existence of a legal, preexisting use. Specifically, the hearing examiner found that First Pioneer failed to “demonstrate that [its] use of the site was lawful at the time the Pierce County Code changed and therefore [it] is not entitled to a nonconforming use classification.” Also, as the hearing examiner noted, First Pioneer submitted “no records of any type, such as tax records, business licenses, or any other formal records indicating that the site was used to conduct a business. The property tax records indicate it was conducted as a residential use and not as a commercial use.” First Pioneer failed to show that its industrial use of the property was legal at any time, before or after the County required permits for metal fabrication. Therefore, First Pioneer failed to carry its initial burden to establish a prior legal nonconforming use.” Analysis of Specific Issues Raised in the Appeal The following analysis responds to the specific basis of the appeal as described by the Appellant in their December 20th, 2021 application. The Appellant’s basis of appeal are summarized in italics, while the City staff’s response follows in standard typeface. 37. My clients purchased the property on April 20th, 2021, with all the existing structures and had no knowledge of any pre-existing conditions, problems or issues. There were existing tenants in all the structures when the property was purchased. Staff Response: The City has no evidence of the structure in question ever being used as a single-family residence. Such use is prohibited in the C-3 Heavy Commercial zone. There are no City records that confirm this dwelling unit was lawfully established. There are no city records the unit has established a sewer and/or water hookups with the City or Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 12 has ever sought any inspections to confirm that it meets minimum habitat space and safety standards. The City acknowledges that there may have previously been garbage service associated with the structure that is subject to this appeal, but such circumstance may apply to any land use and should not be relied on to verify the presence of a dwelling. 38. The sellers were elderly and the information conveyed was fragmented. However, we were able to retain all the tenants and provide everyone affordable accommodations. Staff Response: The City appreciates the appellants assertion that existing tenants were able to retain affordable accommodations. However, the appellant is responsible for performing due diligence and research with the appropriate jurisdiction to verify the property that is being acquired can be use as intended. In this instance, the appellant acknowledges that they relied on “fragmented” information directly from the seller. The City of Auburn is unaware of the appellant or current ownership confirming the legal non- conforming status of the use that is subject of this appeal. While the City of sympathetic to the appellants circumstances, it is the appellant’s responsibility to verify their proposed use of a property meets local regulations. As noted in the case law examples cited above, conducting a use without the necessary permits to do so, simply does not establish a lawful use. 39. The house located at 421 49th Street NE is a habitable two-bedroom, one bathroom home currently rented to a young family. There doesn’t seem to be any issues with the residence and the tenants have not complained about the home. Staff Response: The Appellant’s assertion that the structure subject to the appeal is habitable and that there does not seem to be any issues while may be accurate, has not been verified. The City lacks permitting records confirming that the structure in question is habitable and developed to meet residential, zoning, and fire related code requirements at the time of establishment. Of particular note is the structure abuts an automotive service garage (4912 D St NE C) that may result in additional safety hazards or negatively impact the quality of life of the current tenants. 40. The City of Auburn contention is that this structure is not a legal structure and has placed the burden on the ownership to prove that the dwelling is an approved single-family residence. Further, the City is also stating that since the subject housing is located in a C- 3 Zoning, this type of dwelling is not an approved use. Our stance is that it’s possible that this structure was an approved single-family residence or accessory dwelling many years ago, but the County/City records are inaccurate. Furthermore, the use as a single-family residence has been continuous and uninterrupted. Staff Response: The appellant fails to provide any proof that the structure subject of this appeal ever received permit approval from King County or the City of Auburn to be used as a dwelling unit. Further, the City and appellant have been unable to verify when the subject structure was constructed. The City has had extensive permit reviews for the property beginning in 2003 involving the two automotive service structures on the north portion of the property, none of which make reference to this site being developed with a single-family residence or an accessory dwelling unit. Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 13 The appellant has not demonstrated the “continuous and uninterrupted” occupancy of the dwelling. The appellant has acknowledged the unreliability of information from the previous property owner. Also, the appellant has not met the burden of proof required in appeal cases. 41. My clients are trying to do the right thing and comply with the City regulations, but still want to rent this house to their tenants. As result, we are respectfully appealing this decision and requesting a meeting with the Hearing Examiner so we can obtain a business license to continue renting the house. Staff Response: The City staff understands and appreciates the appellant’s opinion that they would like to bring the dwelling unit into conformance and then be able to secure a rental housing business license and continue to rent. For the reasons previously stated, it is the City’s position that this is an unpermitted residence located in the C-3 Heavy Commercial zone, which does not allow for new single-family residential uses. The historical zoning of the site since 1987 also did not allow single family uses or more than one single family use. Further, without city inspections for compliance with local fire or building code regulations, it is unknown if the subject structure represents a safety hazard to its current tenants or other parties within the surrounding area. IV. CONCLUSIONS: 1. The Director of Community Development correctly followed procedures as required by City Code with regard to preparing the written denial of Rental Business License, BUS-36240. City staff, on behalf of the Director, independently reviewed the application and accompanying information that was submitted, in reaching the decision to deny the rental housing business license. 2. The Director appropriately considered the purpose and intent of both the Comprehensive Plan designation and the C-3 Heavy Commercial Zoning classification. 3. The Director has carefully considered the information presented by the Appellant in arriving at the denial of the rental business license. The subject rental business license is for a single-family residence/accessory dwelling unit located in the C-3 Heavy Commercial zone. This type of use is prohibited in the C-3 zone. Further, no information was provided by the appellant or discovered through the City’s research confirming that the subject single-family residence/accessory dwelling unit is a legal non-conforming use. 4. The site contains what appears to be a non-conforming residential use . The appellant has not provided documentation that the structure in question was legally established as a residence prior to its annexation into the City (December 21st, 1970) or during its duration within the City of Auburn. City staff were unable to locate documentation confirming that the structure was ever permitted or recognized by King County or the City of Auburn. 5. The Appellant has not provided any evidence that the City’s determination is inconsistent with any of the relevant laws of the City or State. Appeal of Rental Business License Denial APL22-0001 Staff Report February 27, 2022 Page 14 6. ACC 2.46.120, ‘Burden of proof’, states that unless otherwise provided for in the Auburn City Code, “the applicant/appellant shall have the burden of proof, by a preponderance of the evidence, as to material factual issues except where applicable city code provisions or state law provides otherwise.” STAFF RECOMMENDATION: The Hearing Examiner, pursuant to Section 2.46 of the City Code, may affirm the decision, remand for further proceedings, or reverse the decision of the Director. Based upon the information presented above, it is the staff’s position that the appeal filed under application APL22-0001 has not met the burden of proof, and the Hearing Examiner should deny the appeal and affirm the denial of the rental business license decision of the Community Development Director, File No. BUS-36240. EXHIBIT LIST Exhibit 1: Staff Report Exhibit 2: Vicinity Map Exhibit 3A: Appeal Request Exhibit 3B: Copy of Current Lease (provided by Appellant) Exhibit 3C: Hand Drawn Floorplans (provided by Appellant) Exhibit 4: Rental Business License Application Exhibit 5: Rental License Denial Letter Exhibit 6: Site Plan & Permitting Timeline Exhibit 7: Certificate of Occupancy – OCC03-0026 Exhibit 8: King County Assessor Records Exhibit 9: City SEPA Determination – SEP03-0032 Exhibit 10: Utility Accounts Exhibit 11A: King County Acknowledgement of Records Request Exhibit 11B: Completed King County Records Request Form Exhibit 12: C-3 Zoning Requirements, Circa 1987 Exhibit 13: Deed, BG Building, LLC Exhibit 14: Historical Aerial Photo and Street View Photo Exhibit 15: City Rental Business License BUS-22865 Prepared by: March 1, 2022 Dustin Lawrence, AICP, CFM, Senior Planner DATE Department of Community Development 666.7 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet666.7333.30 Vicinity Map 2/27/2022Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Form 68 @Copyright 2020 Lease/Rental Agreement Northwest Multiple Listing Service Rev, 6/20 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 1 of 6 This Lease/Dental Agreement dated: May 1, 2021, is made and entered into between 1 BG Property, 1, ("Lessor"), 2 Lessor Lesasr and Bryan Alva gasman Fernandez ("Tenant") 3 Temare Tenarit for the "Property" commonly known as 42149thStreetNE 4 Address Aliflurn, - WA 98 O 1 5 City Stow Zrip County If this Agreement is for more than one (1) year, the legal description of the Property is attached as Exhibit A. 6 11, TERM OF AGREEMENT (check one). 7 a. LPJ Lease. This Agreement is for a term of 12 trionths commencing on 8 05/01/21 —, This Agreement shall end at midnight on 04/30/22 9 Tenant must vacate the Property and surrender possession on the last day of the term. If 10 Tenant holds over without the prior written consent of Lessor, Tenant shall be liable for rent 11 and all other damages sustained by Lessor because of such holdover, If Tenant vacates prior 12 to the expirabon of the term, the security deposit shall be forfeited and Tenant shall) be 13 obligated for the rent payments for the remainder of the term, or until the Property has been 14, re -rented whichever is less, 15 b. 171 Month -To -Month. This Agreement is for a month-to-month 'tenancy commencing on 116 Lessor or Tenant may terminate this Agreement upon written notice at 17 least N days prior to the end of each monthly rental period. If any such notice is not received 18 at least 20 days In advance, then it shall not be effective until the end of the following monthly 19 rental period. 7-0 2i. POSSESSION. Tenant's right to possession of the Property begins at the commencement of the 21: term indicated above. If, through no fault of Lessor or Listing Firm, Lessor cannot deliver 22 possession of the Property to Tenant on the date indicated above, Lessor shall not be liable to 23 Tenant for damages. 24 3, RENT. Tenant shafl pay rent as follows: 25 a. Amount and Due Date. The rent is $ 1,400-00 per month, payable in advance and 26 due on or before the Ofirst day,,, LJ day of each month commencing on the first 27 month of the term, Each monthly rental period shall begin, on, the day rent is due, 28 b. Payments. Rent shall be paid to (check one): Ll Listing Firm at the address below; Tj Lessor 29 at the address belor L-1 30i c. First Month's Rent. Lessor acknowledges recept of as the first and 31 rent. If Lessor collects last month's rent, it can only be applied to tile 32 fiinM month of the term and is not applicable to any other month of the Agreement., 33 N..,. L3 Pro-Rateid Rent. Pro -rated rent from to i s 34 and payable on 35 4. UTILITIES., Tenant shall pay all utHities when diue except: 0 water; 0 sewer Q garbage; 36 U 37 5. OCCUPANCY/SLISIL115TTING. The Property is rented as a private residence for tile following 38 named persons:39i Tenant shall not assign this Agreement, sublet all or any portion of the Property, nor g4ve 40i accommodation to any other persons, without the N w N w N essoor Listing Firm. 41 t c" Tenant's lnit ais Date Tenant's initials Date Lessor's Initials Date Lessor's lnitia s Date Form 68 Mopyright 2020 Lease/Rental Agreement Northwest Multiple Listing Service Rev. 6/20 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 2 of 6 (Continued) 6. SECURITY DEPOSIT. Lessor acknowledges receipt from T'enant of the sum of $ 0.00 , , 42 which shall be depositedin a trust aCCOUnt in — 11mpgua Bank, 43 Auburn Branch, in Atiburn , WA. Lessor or Listing 44 Firm will give written notice of any change in said depository. This deposit is, securlity for performance 45 of Tenant's obligations in this Agreement, including but not limited to payment of rent, and for any 46 damages to and cleaning of the Property, for which Tenant is responsible. 47 9. RENT LATE CHARGEINSF CHECK. If any rent is not pa d within five days of the due daite, 66 Tenant shall pay a late charge of 0 $ for each day that the same is 67 delinquent, including the day of payment, up to a maximum of 10% of one month's rent; or 68 L) $ 69 Tenant shall pay a charge of $ for each NSF check given by Tenant to Lessior. 70 Lessor shall have no obligation to redlepoeck returned NSF. 71 In addition to the foregoing, Lessor may elect to terminate this Agreement for nonpayment of, rent. 72 Lessor shall notify Tenant of late rent and NSF check charges and the same must be paid within 73 fourteen (14) days. 74 10. NONREFUNDABLE FEE. Tenant shall pay, prior to occupancy, a nonrefundable fee of 75 for I Lessor 76 wilt not return this nonrefundable under any conditions. The fee may not be used hold the 77 Property for Tenant or to secure Tenant's obligation to move in to the Property. 78 11. PETS. No dogs, cats or other animals will be permitted on the Property without a fully executed 79 Pet Agreement (NWMLS Form No. 688). 80 12. RENTERS INSURANCE. Renter's insurance is available to Tenant for coverage related to liability for 81 bodily iniLAry, r)rnr),twty damaoe, and for the theft, loss, or damaoe to Tenant's personal property. 82 a. 81 Renter's Insurance. Tenant shall obtain, renter's insurance providing coverage for 83 liability, bodily injury, property damage, and for the theft, loss, or damage to Tenant's 84 personal property stored on the Property. Tenant sf all provide Les or a copy of the renter's 85 Tenant's Initials Date Tenant's Initials Date 9 L Les'sor's Initials Date 15. AGENCY DISCLOSURE. If real estate brokers are involved in this transaction, then at the 114 signing of this Agreement, Listing Broker represents LJ Lessor; H both Lessor and Tenant, 115 Tenant's Broker represents 0 Lessor; L! Tenant; LJ both Lessor and Tenant; J neither Lessor '116 nor Tenant, Tenant's Firm, Tenant's Firm's Designated Broker, Tenant's Broker's Branch Manager 117 4 any) and Tenant's Broker's Managing Broker (if any) represent the same party that Tenant's 118 Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Broker's Branch 119 Manager (if any), and Listing Broker's Managing Broker (if any) represent the same party that the 120 Listing Broker represents, If Tenant's Broker and Listing Broker are dWerent persons affifiated 121 with the same Firm, then both Lessor and Tenant confirm their consent to Designated Broker, 12? Branch Manager (if any), and Managing Broker (if any) representing both parties as duall agents. 123 If Tenant's Broker and Listing Broker, are the same person representing both parties then both 124 Lessor and Tenant confirm their consent to that person and his/her Designated Broker, Branch 125 M,qnagt-r (if any), and Managing Broker (if any) representing both parties as dual agents. All 126 parties acknowledge receipt of the pamphlet entitled "'The Law of Real Estate Agency." 127 16. ATTORNEYS' FEES. If Lessor or Tenant institutes suit against the other concerning this 128 Agreement, the prevailing party is entitled to reason a ble,ettorneys' fees and expenses. 129 L --- --& Date Te ant's Initials Date ss -0'r S nitia s a L.ss initialsTenant's lnitia$s Le /. 1 Date Y. M a 15. AGENCY DISCLOSURE. If real estate brokers are involved in this transaction, then at the 114 signing of this Agreement, Listing Broker represents LJ Lessor; H both Lessor and Tenant, 115 Tenant's Broker represents 0 Lessor; L! Tenant; LJ both Lessor and Tenant; J neither Lessor '116 nor Tenant, Tenant's Firm, Tenant's Firm's Designated Broker, Tenant's Broker's Branch Manager 117 4 any) and Tenant's Broker's Managing Broker (if any) represent the same party that Tenant's 118 Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Broker's Branch 119 Manager (if any), and Listing Broker's Managing Broker (if any) represent the same party that the 120 Listing Broker represents, If Tenant's Broker and Listing Broker are dWerent persons affifiated 121 with the same Firm, then both Lessor and Tenant confirm their consent to Designated Broker, 12? Branch Manager (if any), and Managing Broker (if any) representing both parties as duall agents. 123 If Tenant's Broker and Listing Broker, are the same person representing both parties then both 124 Lessor and Tenant confirm their consent to that person and his/her Designated Broker, Branch 125 M,qnagt-r (if any), and Managing Broker (if any) representing both parties as dual agents. All 126 parties acknowledge receipt of the pamphlet entitled "'The Law of Real Estate Agency." 127 16. ATTORNEYS' FEES. If Lessor or Tenant institutes suit against the other concerning this 128 Agreement, the prevailing party is entitled to reason a ble,ettorneys' fees and expenses. 129 L --- --& Date Te ant's Initials Date ss -0'r S nitia s a L.ss initialsTenant's lnitia$s Le /. 1 Date Form 68 OcCopyright 2020 Lease/Rental Agreement Northwest MultipW Listing Svvice Mev. 6J20 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 4 of 6 (Continued) 17. WAIVER OF SUBROGiATION. Lessor and Tenant hereby release and waive forthe duration of 130 this Agreement and any extension or renewal thereof their respective rights of recovery against 131 each other for any loss resulting from porils of fire and/or extended coverage as defined in fire 132 insurance policies issued to either Lessor or Tenant in effect at the time of the loss; provided that 133 such waiver and release shall apply only in the event such agreement does not prejudice the 134 insurance afforded by such policies. 135 18i. LOCAL ORDINANCES. Lessor and Tenant acknowledge that there may be local ordinances or 136 regulations that require Lessor to provide Tenant with certain information including, but not limited 137 to a summary of "Landd-Tenant Laws." 138 19. COMPLIANCE WITH LAWS, CC&Rs, AND RULES AND REGULATIONS. Tenant shall not use 139 the Property in any way which violates any law, ordinance, or governmental regulation. In '140 addition, Tenant shall abide by any applicable covenants, conditions, and restrictions of record 1411 CC&R:s")the Rules attached to this Agreement, and any other applicable Rules, Tenant 142 acknowledges receipt of any applicable CC&Rs and the Rules for the Property, 143 20. LEAD-BASED PAINT. If the Property includes housing that was built before 19i78, then the 144 Addendum entitled "Disclosure of Information on Lead -Based Paint s Paint 145 Hazards" (NWML,S Form 22J or equivalent), must be attached to this Agreement unless this 146 lease/rental transaction is exempt from applicable federal regulationsi. 147 21. MOLD DISCLOSURE. Tenant acknowledges receipt of the pa phi l entitled "A Brief Aide to 148 Mold, Moisture, and Your Home," 14949 r M 1.3 15,2."1 1150 lTe< nL "( lat IDate Lessor Date II Tenant Date Lessor ate 152 Tenant's Present Add Lessor's Address 2 U 153 Cit,State, Zip city, State, Zip 2, V31 X""'.0A L2 154 Home Phone Work Phone Lessor's Phone 166 Tenant's Employer Better Properties Kent, LLC Tenant's Firm Surinder Khela Tenant's Broker 206) 240-51135 Tenant's Firm's Phone Number skheIa.bp*gmai1.colin 1110rar.mm-401T.-MIN• Better Properties, 11111C 156 Listing Firm Surindeir Khela 157 Listing Broker 206) 240-5035 158 Listing Firmil's Phone Number Tenant's InitiaN JA&M 1I.Corn 169 Listing Broker's E-mail Address 10725 SE 256th Street, #5, Kentz WA 98030 160 Listin ': 9 rirm'* Addrooe Tenant's, Initials, Date Tenant's InitiaN Date Lessor's Initials D'e L.L_r°, I WS Date Form 68 CDCopyright 2020 Lease/Rental Agreement Northwest Multiple Listing Service Rev. 6120 LEASE it RENTAL AGREEMENT ALL RIGHTS RESERVED Page 5 of 6 (Continued) I certify that I know or have satisfactory evidence that nstruiment and acknowliedged it, to be his/her their/its free and voiuntary act for the uses and purposes mentioned in the instrument. Signature: Print Name: Notary Public in and for the State of Washington, Residing at: My Appointment Expires: Use this space for notary stamp/seal,) STATE OF WASHINGTON COUNTY OF I certify that know or have satisfactory evidence that WA n.,P-cknowled...-ed that helshel_they/ltsiQned the instrument and acknowledgied it to be h,is/her their/its free and voluntary act for the uses and purposes mentioned in the Instrument, 1970 =241 Washiington, Residing at My Appointment Expires: Tenant's Initials Date Tents I'n" roars Date Lessor's Initials Date Lessor's Initiais Date Form 68 =opyrrght 2020 Lease/Rental Agreement Northwest Multiple Listing Service Rev, 6120 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 6 of 6 (Continued) RULES 1. Garbage, Tenant shall furnish his/her own garbage can and place it where required for 161 pilckup. 162 2. Illegal Use. Tenant shall not use the Property for any illegal purposes. 163 3. Repairs. Tenant shall promptly repai,r, at Tenant's expense, any broken glass in doors or 164 windows, 165 13 VAL- 0, I Nof 0 CITY (IF a RENTAL O, _.SING BT iNLS Updated aAUIBUa _ Is E WASH i A - N TO ZCE ' STI Aug 2016 t....:. - ...... ..... ......... Physical Address: Mailing Address: Webpage & Email: Auburn City Hall Annex, 2n" Floor 25 West Main Street www.auburnwa.aov 1 East Main Street Auburn, WA 98001-4998 permltcenter&auburnwa.aov Phone & Fax: Phone: 253-931-3090 Fax: 253-804-3114 GENERAL INFQRMATION--- LICENSEE MAILING ADDRESS (This is the location where the license and future renewal forms will be sent) Name: 36, U I L P? /V G L Title: ©lam . Address: ' i I g TI -1 A- _ Suite #: City:_ ( ,P _ _ State:'- 144- Zip: 96 3_0 Phone: D- 53 - 645 Fax: Email:_ I'Dv99P,At-A -1-1 LEGAL STATUS: Sole Proprietor Individual Corporation OLLC Partnership Other RfJRER"fY / RliiE bI VG INFO1 11tIAiCaN (I st all grape -ties you c riun use add7itia ai sh # Nx rleededi Address: f goi D 5 / P, AQ q9)V NA ggdna Parcel 0. .3 o3S i For Staff Use: BUS LICENSE # LJ Multi -Family - # of units: 2j Single Family Residence - please provide the following information: Are you renting all or portions of the home to more than one individual through separate, unrelated lease or rental agreements? Yes* W No Is the property owner residing at a different address? ®Yes* No if you answered YES to both questions, see Communal Residence below) of Bathrooms 1° # of Bedrooms A # of Occupants of useable on-site parking spaces: Garage_ Carport Driveway Other h Address:_4o9l 49 a lyr` Aygt4giy w 9goo,, Parcel #:136ok — 0 35 j For Staff Use: Multi -Family - #of units: BUS LICENSE , J4 Single Family Residence -please provide the following information: BUS -36240 Are you renting all or portions of the home to more than one individual through separate, unrelated lease or rental agreements? Yes S No Is the property owner residing at a different address? AYes No if you answered Yes to both questions, see Communal Residence below) of Bathrooms I # of Bedrooms c), # of Occupants 4 of useable on-site parking spaces: Garage_ Carport _ Driveway y Other ACC 18.04.249 Communal residence. Communal residence" is a business operated out of a single residential home without an owner occupant residing therein, where the residential home, or portions thereof, is/are rented to more than one individual through separate, unrelated lease or rental agreements. ACC 18.31.130 Communal residence standards. The occupancy limit for a communal residence shall not exceed four people. There must be one off-street parking stall that meets city standards of ACC 18.52.050, Parking design, development, and maintenance standards, per tenant. Communal Residence Submittal Requirements (Application will not be accepted if these items are missing): Provide a floor plan of the house that labels each room (e.g. bedroom, bathroom, etc.) that includes dimensions of each room. Please also note any modifications to the structure that have resulted in the creation of additional bedrooms. Provide a site plan or aerial photo of the property that identifies the location of the house and useable parking spaces. License Issuance Requirements You must schedule an inspection. A site inspection must be completed before the license can be issued. COMPLETE THIS SECTION EVEN IF INFORMATION IS ALREADY LISTED ABOVE (attach separate page(s) if necessary): Name: 1' P G IN i) S P pra Title: 0 % Owned D Address; 1A44 6 9"t I `' City/State: - tk.NV W ZIP: Phone: 79,53— -341-03431 Fax: Email: Date of Birth: Q A "% () I Place of Birth: i N I Driver's License #: P 00\ 5 Name: Title: % Owned Address: City/State: Zip: Phone: Fax: Email: Date of Birth: Place of Birth: Driver's License #: Name: Title: % Owned Add ress:KAI-p I 1 n " z City/State: I<E-(Vr W Zi 3 0 Phone: 663 --% pD 9 -8% 6 Fax: Email: Date of Birth: N? /n5 1 l q q S Place of Birth: KE41 i9tV Driver's License #: 1& M S ® S2NZ Have you ever had a rental housing business license with the City of Auburn denied, revoked or suspended? Yes X No If yes, when and for what property address: I hereby certify and declare under penalty of perjury under Washington law that the statements furnished by me on this application are true and complete to the best of my knowledge. I understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances, regulations, conditions, and statutes of the City of Auburn and the State of Washington. The issuance of this business license does not imply compliance with the Zoning Code and International Fire and Building Codes. Notice to owners of single family residential dwelling units that will be rented: By signing this application you are also acknowledging and agreeing to the following terms; 1. As the landlord, you are responsible for ensuring that you are providing safe living conditions for tenants. 2. As the landlord, you are responsible for ensuring that garbage and recycling receptacles are on site and available to tenants and for ensuring that garbage and recycling curbside service is provided. 3. As the landlord, you are responsible for landscaping and the general external appearance of the property. 4. As the landlord, you are responsible for ensuring that there is adequate on-site parking available for all tenants. 5. As the landlord, you are responsible for implementing management strategies that ensure that tenants under the age of 18 are complying with the curfew requirements of Auburn City Code Chapter 9.14 when the minor does not have an onsite resident guardian or chaperone. 6. As the Communal Rental property owner, I understand that I am required to schedule a building inspection with the City of Auburn Building Department prior to renewal of my annual business license. The building inspector will be provided access to all exterior and interior areas of the property. I understand that the purpose of the inspection is to ensure that unauthorized structural alterations have not occurred, that there are no life safety concerns, and that occupancy limits have not been exceeded. g _-._.._ _ 9 L — Signature: 4_ ! t Date: 0 ( d Printed Name: _6AL-6 f 12 S % QQf Title (if applicable): 0W 1 License Fee: 1-4 Units: $53 5-24 Units: $106 25 or more: $212 Communal Housing: $150 City Timeline for King County Assessor’s Parcel 9360600351 Brief Description of the Site The site is developed with multiple structures that are all located on a single parcel. The parcel was annexed into the City of Auburn in 1970. • 4912 D ST NE (also referred to as 4925 D St NE per Google) (purple dot) – Automotive service garage – Constructed in 2004. Recognized by King County Assessor as “garage, service repair” • 4912 D St NE C (green dot) – Automotive service garage – Constructed in 1980. Recognized by King County Assessor as “garage, service repair” • 4901 D St NE (blue dot) – Single-Family residence – Construction date unknown, but aerial photography shows structure in 1990. King County notes it as accessory to the other structures as a flat value SFR. • 421 49th St NE (red dot) – Structure being used as a second residence – Construction date is unknown, but aerial photography shows structure in 2001. King County notes it as accessory to the other structures as a garage. Appears to be comprised of three separate buildings, all attached or within close proximity to one another. Year Permit Number Address (per City permitting system) Description 1993 BLD93-0495 4901 D St NE Residential Garage. Valuation Details note “PRV GAR – WD FRM” 1994 BLD94-0304 VOIDED 4901 D St NE Office Tenant Improvement 1994 EXC94-0046 4901 D St NE Underground service for US West Communications 1994 EXC94-0047 4901 D St NE Underground conduit for Puget Power 1994 MEC94-0177 VOIDED 4901 D St NE New mechanical associated with office tenant improvement 1994 PLM94-0153 VOIDED 4901 D St NE New plumbing associated with office tenant improvement 1994 STM94-0069 VOIDED 4901 D St NE Stormwater permit for office tenant improvement 1997 BLD97-0539 4925 D St NE Alter Pole Barn – Commercial use, with address as 4925 D St NE 1997 SWR97-0381 4925 D St NE Sewer connection 1997 OCC97-0063 4925 D St NE Alter Pole Barn 1997 PLM97-0429 4925 D St NE Plumbing for pole barn 1997 STM97-0265 4925 D St NE Storm system 1997 WTR97-0402 4925 D St NE Domestic water meter 1998 SWR98-0094 4925 D St NE Oil Water Separator 2001 INS01-0029 4925 D St NE Structural Inspection – Code Compliance 2002 ALT02-0264 4925 D St NE 2nd Story Office and first story bathroom correction at 4925 D St NE 2002 GRA02-0021 4901 D St NE Paving permit for southside parking lot 2002 GRA02-0023 VOIDED 4901 D St NE Paving permit for the northside parking lot 2003 ALT03-0036 4901 D St NE Correct code violation – House to Mechanic Garage 2003 SEP03-0032 4901 D St NE SEPA Determination to allow shop to be built (northern building) 2003 OCC03-0025 2nd Story Office and first story bathroom correction 2003 OCC03-0026 4901 D St NE Correct code violation – House to Mechanic Garage 2003 PLM03-0305 4901 D St NE Floor drain for oil water separator 2003 PLM03-0480 EXPIRED 4901 D St NE Plumbing permit for storage shed that expired 2003 STM03-0030 4901 D St NE Storm permit 2003 STM03-0302 4901 D St NE Storm permit 2003 SWR03-0346 4901 D St NE Connect to existing oil water separator 2003 SWR03-0559 4901 D St NE Sewer connection for pole building 2003 TEN03-0041 4901 D St NE Building shell for pole building 2004 OCC04-0032 4901 D St NE Pole building office and auto detail bay build out 2004 EXC04-0065 4925 D St NE Install gas service 2004 EXC04-0076 4925 D St NE Install electric service 2004 MEC04-0344 EXPIRED 4901 D St NE Suspended heater and gas piping for pole building 2006 DEM06-0028 4901 D St NE Remove 3rd floor stairs and bathroom 2006 DEM06-0029 4901 D St NE Interior demo of north commercial building 2006 SWR06-0298 4901 D St NE Remove 3rd floor bathroom Setting values, serving the community, and promoting fairness and equity. You're in: Assessor >> Look up Property Info >> eReal Property Department of Assessments 201 South Jackson Street, Room 708 Seattle, WA 98104 Office Hours: Mon - Fri 8:30 a.m. to 4:30 p.m. TEL: 206- 296-7300 FAX: 206- 296-5107 TTY: 206- 296-7888 Send us mail ADVERTISEMENT New Search Property Tax Bill Map This Property Glossary of Terms Area Report Print Property Detail PARCEL DATA Parcel 936060-0351 Name BG BUILDING LLC Site Address 4901 D ST NE 98002 Geo Area 60-35 Spec Area Property Name AUBURN DETAIL SHOP Jurisdiction AUBURN Levy Code 0150 Property Type C Plat Block / Building Number Plat Lot / Unit Number 46 Quarter-Section-Township- Range NW-31-22-5 Legal Description WHITE RIVER VALLEY HOME TRS 2ND POR W A COX DLC IN STR 31-22-05 DAF: BAAP 1454.40 FT W OF NE COR SD DLC TH S 531.64 FT TO TPOB TH S 312.00 FT TH W 140.00 FT TH N 312.00 FT TH E 140.00 FT TO TPOB LESS E 30 FT COND FOR RD IN KC SUP CT CAUSE NO 85322 (AKA W 110 FT OF E 140 FT OF S 312 FT LOT 46 WHITE RIVER VALLEY HOME TRACTS 2ND UNREC) PLat Block: Plat Lot: 46 LAND DATA Highest & Best Use As If Vacant COMMERCIAL SERVICE Highest & Best Use As Improved PRESENT USE Present Use Service Building Land SqFt 34,320 Acres 0.79 Percentage Unusable Unbuildable NO Restrictive Size Shape NO Zoning C3 Water WATER DISTRICT Sewer/Septic PUBLIC Road Access PUBLIC Parking ADEQUATE Street Surface PAVED Views Waterfront Rainier Territorial Olympics Cascades Seattle Skyline Puget Sound Lake Washington Lake Sammamish Lake/River/Creek Other View Waterfront Location Waterfront Footage 0 Lot Depth Factor 0 Waterfront Bank Tide/Shore Waterfront Restricted Access Waterfront Access Rights NO Poor Quality NO Proximity Influence NO Designations Nuisances Historic Site Current Use (none) Nbr Bldg Sites Adjacent to Golf Fairway NO Adjacent to Greenbelt NO Other Designation NO Deed Restrictions NO Development Rights Purchased NO Easements NO Native Growth Protection Easement NO DNR Lease NO Topography Traffic Noise Airport Noise Power Lines NO Other Nuisances NO Problems Water Problems NO Transportation Concurrency NO Other Problems NO Environmental Environmental NO BUILDING Building Number 1 Building Description AUTO DETAIL SHOP BUILDING Number Of Buildings Aggregated 1 Predominant Use GARAGE, SERVICE REPAIR (528) Shape Rect or Slight Irreg Construction Class PREFAB STEEL Click the camera to see more pictures. Picture of Building 1 ADVERTISEMENT Reference Links: King County Tax Links Property Tax Advisor Washington State Department of Revenue (External link) Washington State Board of Tax Appeals (External link) Board of Appeals/Equalization Districts Report iMap Recorder's Office Scanned images of surveys and other map documents Scanned images of plats Search Kingcounty.gov Home How do I... Services About King County Departments King County Department of Assessments Building Quality AVERAGE Stories 1 Building Gross Sq Ft 3,170 Building Net Sq Ft 3,170 Year Built 1980 Eff. Year 1979 Percentage Complete 100 Heating System SPACE HEATERS Sprinklers Elevators 1 2 Section(s) Of Building Number: 1 Section Number Section Use Description Stories Height Floor Number Gross Sq Ft Net Sq Ft 1 GARAGE, SERVICE REPAIR (528) 1 20 0 2,880 2,880 Section Feature(s) Of Section Number: 1 Feature Type Gross Sq Ft Net Sq Ft MEZZANINES-OFFICE (761)290 290 Accessory Accessory Type Picture Description Qty Unit Of Measure Size Grade Eff Yr %Value Date Valued Flat-Valued SFR 1 1370 (unknown) 25000 2/2/2004 Miscellaneous garage 1 1080 (unknown) 2500 2/2/2004 Fencing (unknown) 1000 2/2/2004 Paved Parking (unknown) 1000 2/2/2004 TAX ROLL HISTORY Account Valued Year Tax Year Omit Year Levy Code Appraised Land Value ($) Appraised Imps Value ($) Appraised Total Value ($) New Dollars ($) Taxable Land Value ($) Taxable Imps Value ($) Taxable Total Value ($) Tax Value Reason 936060035107 2021 2022 0150 411,800 519,300 931,100 0 411,800 519,300 931,100 936060035107 2020 2021 0150 343,200 190,200 533,400 0 343,200 190,200 533,400 936060035107 2019 2020 0150 343,200 193,200 536,400 0 343,200 193,200 536,400 936060035107 2018 2019 0150 343,200 191,700 534,900 0 343,200 191,700 534,900 936060035107 2017 2018 0150 343,200 184,000 527,200 0 343,200 184,000 527,200 936060035107 2016 2017 0143 343,200 188,800 532,000 0 343,200 188,800 532,000 936060035107 2015 2016 0143 343,200 191,700 534,900 0 343,200 191,700 534,900 936060035107 2014 2015 0143 343,200 192,900 536,100 0 343,200 192,900 536,100 936060035107 2013 2014 0143 343,200 192,300 535,500 0 343,200 192,300 535,500 936060035107 2012 2013 0143 343,200 190,000 533,200 0 343,200 190,000 533,200 936060035107 2011 2012 0143 343,200 191,000 534,200 0 343,200 191,000 534,200 936060035107 2010 2011 0143 343,200 126,900 470,100 0 343,200 126,900 470,100 936060035107 2009 2010 0143 343,200 126,900 470,100 0 343,200 126,900 470,100 936060035107 2008 2009 0143 343,200 126,900 470,100 0 343,200 126,900 470,100 936060035107 2007 2008 0143 274,500 154,800 429,300 0 274,500 154,800 429,300 936060035107 2006 2007 0203 274,500 128,900 403,400 0 274,500 128,900 403,400 936060035107 2005 2006 0203 171,600 193,600 365,200 0 171,600 193,600 365,200 936060035107 2004 2005 0203 171,600 190,900 362,500 119,900 171,600 190,900 362,500 936060035107 2003 2004 0203 90,000 71,000 161,000 0 90,000 71,000 161,000 936060035107 2001 2002 0203 170,000 148,000 318,000 0 170,000 148,000 318,000 936060035107 2000 2001 0203 162,000 147,000 309,000 0 162,000 147,000 309,000 936060035107 1999 2000 0203 162,000 106,000 268,000 0 162,000 106,000 268,000 936060035107 1998 1999 0203 154,400 100,000 254,400 0 154,400 100,000 254,400 936060035107 1997 1998 0203 0 0 0 0 154,400 100,000 254,400 936060035107 1996 1997 0203 0 0 0 0 154,400 100,000 254,400 936060035107 1995 1996 0203 0 0 0 0 154,400 100,000 254,400 936060035107 1994 1995 0203 0 0 0 0 154,400 54,700 209,100 936060035107 1992 1993 0203 0 0 0 0 175,800 54,700 230,500 936060035107 1990 1991 0203 0 0 0 0 123,800 54,700 178,500 936060035107 1988 1989 0203 0 0 0 0 46,400 32,800 79,200 936060035107 1986 1987 0203 0 0 0 0 46,400 39,700 86,100 936060035107 1984 1985 0203 0 0 0 0 26,000 39,300 65,300 936060035107 1982 1983 0203 0 0 0 0 26,000 39,300 65,300 SALES HISTORY Excise Number Recording Number Document Date Sale Price Seller Name Buyer Name Instrument Sale Reason 3113481 20210423001993 4/20/2021 $1,483,000.00 FRANK ALLEN+JULIE KAY BG BUILDING LLC Warranty Deed None 972413 198711040748 10/30/1987 $155,000.00 PHILLIPS SAMUEL H+JACQUELINE M FRANK ALLEN+JULIE KAY Warranty Deed None REVIEW HISTORY PERMIT HISTORY Information for... Residents Businesses Job seekers Volunteers King County employees Do more online Trip Planner Property tax information & payment Jail inmate look up Parcel viewer or iMap Public records More online tools... Get help Contact us Customer service Phone list Employee directory Subscribe to alerts © King County, WA 2022 Privacy Accessibility Terms of use Permit Number Permit Description Type Issue Date Permit Value Issuing Jurisdiction Reviewed Date DEM06- 0029 Interior demo of North Commercial building.Demolition 9/26/2006 $100 AUBURN 5/4/2009 TEN03- 0041 Pole bldg. - office & auto detail bay bldg. Accessory, New 12/30/2003 $12,258 AUBURN 3/22/2004 BLD03- 0281 Detached 40 X 60 pole bldg.Accessory, New 12/30/2003 $66,000 AUBURN 3/22/2004 ALT03-0036 Correct code violation - house to mechanic garage Other 3/6/2003 $11,664 AUBURN 3/22/2004 GRA02- 0023 Paved storage area - north parking lot Other 2/7/2003 $1,200 AUBURN 2/2/2004 ALT02-0264 2nd story office & downstairs bathroom Remodel 2/7/2003 $5,000 AUBURN 3/22/2004 GRA02- 0021 Pave southside parking lot/mech shop Other 12/2/2002 $2,500 AUBURN 2/2/2004 BLD053997 Remodel 11/6/1997 $25,180 6/22/2000 HOME IMPROVEMENT EXEMPTION New Search Property Tax Bill Map This Property Glossary of Terms Area Report Print Property Detail ADVERTISEMENT Updated: June 24, 2021 Share Tweet Email Information for...Do more online Get help 1 Dustin Lawrence From:Lisa Tobin Sent:Tuesday, January 18, 2022 6:21 PM To:Dustin Lawrence Cc:Toni Lindstrom; Susan Fenhaus; Robert Elwell Subject:RE: Water and Sewer Service Question - King County Parcel 9360600351 Attachments:SWR06-0298.pdf; SWR97-0381.pdf Dustin, From Springbrook: 4925 D St NE – 1 active account (#97834 for sewer and water [3/4” water meter #83796986]) 4901 D St NE - 2 active accounts (#97762 for sewer and water [3/4” water meter 83797237] and #97763 [storm only]) 421 49th St NE - 1 closed account (6/10/2021, #97981) that was being billed for solid waste only (as were the 4 previous accounts at that address dating back to 2010). See SWR permits above. Other SWR permits on the property (didn’t find an image): SWR03-0559 (pole building auto detail bay buildout), SWR03-0346 (connect to oil/water separator), SWR94-0175 (Office TI) I don’t see anything for a rental unit at 421 D St NE, although the building that 421 is part of was shown on the developer drawings 05D1812. Thanks, Lisa Tobin x. 253-804-5062 2 3 From: Dustin Lawrence <dlawrence@auburnwa.gov> Sent: Tuesday, January 18, 2022 4:49 PM To: Lisa Tobin <ltobin@auburnwa.gov> Cc: Toni Lindstrom <tlindstrom@auburnwa.gov>; Susan Fenhaus <sfenhaus@auburnwa.gov>; Robert Elwell <relwell@auburnwa.gov> Subject: Water and Sewer Service Question - King County Parcel 9360600351 Hi Lisa, I am working through an appeal of a rental license for a structure located on the SW corner of Parcel 9360600351. It is addressed as 421 49th St NE. Can you or your team let me know a little bit about what records we have for sewer and water service at this location? We do not have any permits that show that this was ever a legally established residence. However, it appears to be rented out as one right now. 4 If this site has its own meter, is there a way to find out when it was installed? I am guessing the water and sewer that serve this structure are connected directly to the home at the SE corner of the site (4901 D St NE), but I want to confirm. Thank you, Dustin Lawrence, AICP, CFM Senior Planner Department of Community Development City of Auburn | www.auburnwa.gov Office# 253-931-3092 | Cell# 253-561-2224 | dlawrence@auburnwa.gov Mailing Address: 25 W Main Street, Auburn, WA 98001 Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map) Customer Service Survey | Application Forms | Zoning Maps Department of Local Services, Permitting Division Page 1 of 2 206-296-6600 35030 SE Douglas Street, Suite 210 TTY Relay: 711 Snoqualmie, WA 98065-9266 March 2020 www.kingcounty.gov Research request form If you would like to receive files as part of a Public Record Act request (RCW 42.56) please submit an email to permitrecords@kingcounty.gov and write “Public Record Act request” in the subject line, or call 206-296-6600. For all regular information requests, complete this form and submit to permitrecords@kingcounty.gov. For help or alternate formats, call 206-296-6600 or email permitrecords@kingcounty.gov. Contact Information NAME PHONE NUMBER EMAIL ADDRESS MAILING ADDRESS (if applicable)CITY STATE ZIP CODE Information Requested REQUEST DATE PARCEL NUMBER SITE ADDRESS DETAILED DESCRIPTION OF REQUEST Research Request Form, continued Department of Local Services, Permitting Division Page 2 of 2 206-296-6600 35030 SE Douglas Street, Suite 210 TTY Relay: 711 Snoqualmie, WA 98065-9266 April 2020 www.kingcounty.gov Fees Charge Paper Files Electronic Files Totals Reproduction $0.15 per page, 8.5”x11” $0.60 per oversize sheet $0.01 for 4 digital files, plus $0.10 per GB Material (if applicable)N/A $1.00 per compact disk $3.00 per thumb drive Digitization (if applicable)N/A $0.10 per page of non-digital source document(s) Certified Copy $2.00 for first page and $1.00 for each additional page N/A Postage (if applicable) (Fees totaling less than $2.00 will be waived) Total Cost FOR STAFF USE CAUTION: The following message originated from outside the City of Auburn. Be careful opening links and attachments Hello, Your request is important to us. We are currently experiencing high volumes of inquiries and as a result a response to your request may be delayed. We anticipate providing you an update and/or responsive records in approximately 10-12 weeks. If the records are available sooner, we will provide them to you. Thank you for your patience and understanding. Sincerely, The King County Permitting Record's Staff Subject: Automatic reply: Public Records Act request - APN 9360600351 Date: 12/29/2021 1:21 PM From: "Permitting Records" <permitrecords@kingcounty.gov> To: "Jeff Dixon" <jdixon@auburnwa.gov> Page 1 of 1 1/12/2022about:blank 1990 aerial photo of Parcel No. 9360600351 2022 Google Street View Photograph