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ORDINANCE NO. 4 4 8 I
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
THE REZONING OF PROPERTY LOCATED AT 114 "D" STREET S.E.,
WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING
CLASSIFICATION THEREOF FROM R-2 (SINGLE-FAMILY) TO C-2
(CENTRAL BUSINESS DISTRICT).
WHEREAS, Application No. REZ0008-90 has been submitted to
the Council of the City of Auburn, Washington, by ROGER D.
SOHN, requesting the rezoning of the real property hereinafter
described in Section 2 of the Ordinance; and
WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review,
held a public hearing to consider said petition in the Council
Chambers of the Auburn City Hall, on November 20, 1990, at the
conclusion of which the Hearing Examiner recommended the
approval of the rezoning of said property, and the city
Council at their December 17, 1990 meeting held a public
hearing and approved the rezoning of the said property, based
upon the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
The applicant, Roger D. Sohn, applies for a rezone
from R-2 (Single Family) to C-2 (Central Business
District).
Ordinance No. 4481
January 2, 1991
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So
The subject property is located at 114 "D" Street
S.E. and is currently zoned and utilized as a single
family residential home.
The Comprehensive Plan Map indicates that either the
Central Business District designation or the Single
Family designation may be appropriate for the
subject site.
The applicant, who is a dentist, proposes to convert
portions of the existing single family home to a lab
which will be an accessory use to the existing
dental office which abuts the subject site.
Surrounding zoning and land uses in the vicinity
include C-2, Central Business District, to the
north; R-2, Single Family, to the south; R-2, Single
Family, to the east; and C-2, to the west. There
are existing residential uses to the west while the
applicant's existing dental office abuts the subject
site directly to the north.
The applicant advises that he plans to permit the
technician who will be employed at the dental lab to
reside in the home with his or her family.
The neighborhood to the south and east is designated
for single family uses and zoned for same. The
neighborhood to the north and west is designated as
Central Business District and is zoned for same.
Map "D" within the Comprehensive Plan indicates that
the single family areas abutting the proposed rezone
are designated as single family neighborhoods.
At the time of the public hearings held by the
Hearing Examiner and City Council, a number of
residents in the vicinity expressed severe concerns
regarding the potential expansion of the dental
office use. Wilson Esterly who resides directly
across the street from the subject site indicated
severe concerns regarding the amount of on-street
parking that the current dental office already
utilizes and expressed concern regarding the fact
that cars from the dental office park on the street
which interferes with his wheelchair-bound childs'
Ordinance No. 4481
January 2, 1991
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e
10.
11.
ability to egress the school bus. Other residents
expressed severe concern about expansion of
commercial enterprise in a residential neighborhood,
parking, fear of radio-active waste from the dental
office use, traffic increases.
The applicant indicated at the time of the public
hearing a possibility of the dental lab being used
to service other dentists. The applicant indicated
that he has one associate dentist who works
approximately 3 1/2 days per week together with
eight employees. The laboratory work to be
performed in the converted house would be performed
on an as-needed basis for doctor Sohn's patients
generally during daytime hours.
The Planning Department recognize the neighbors
concerns and indicate that it is the City of
Auburn's policy to error on the side of protecting
single family residential neighborhoods. However,
since the subject site is located on the border
between the Central Business District and the Single
Family Residential zone the City Planning staff
still believes that the rezone is appropriate
provided it is properly conditioned.
The staff report, with its recommendation of
conditional approval, is incorporated herein by
reference as though set forth in full.
CONCLUSIONS OF ~AW
The rezone as proposed is consistent with the
Comprehensive Plan Map designation, zoning, and
relatively consistent with the existing uses in the
area.
The Comprehensive Plan promotes the protection of
all viable single family residential neighborhoods
from intrusions by incompatible uses at Goal 17.
Also, it is the policy of the Comprehensive Plan to
manage areas in transition from existing residential
to planned non-residential uses so that the needs of
Ordinance No. 4481
January 2, 1991
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existing residents are balanced with the needs to
accommodate new uses.
Provided that the rezone is properly conditioned,
the goals and policies of the Comprehensive Plan
will be promoted.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this rezone from R-2 (Single-Family) to C-2
(Central Business District), is that it be approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Findings of Fact and
Conclusions are herewith incorporated in this Ordinance.
Section 2. A rezone from R-2 (Single-Family) to C-2
(Central Business District) located at 114 "D" Street S.E.,
situate in the City of Auburn, County of King, State of
Washington, is hereby conditionally approved and is legally
described as follows:
Lot 7, Block 1, Truitt's First Addition.
Section 3. The house addressed as 114 "D" Street S.E.
and situated on Lot 7, Block 1, Truitt's First Addition shall
only be used as an accessory use to the dental office located
Ordinance No. 4481
January 2, 1991
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on lots #5 and #6 of Block 1, Truitt's First Addition. The
house is not to be used as a dental office or a laboratory use
independent from the existing dental office.
Any expansion of the existing dental office will be
considered on its own merits. No portion of Lot 7 shall be
used to meet the development standards associated with the
existing dental office. The lab use on the subject site will
only be an accessory use for the existing dental office to the
north.
8eotio~ 4. Only the basement will be allowed to be used
as a dental lab and the conversion of the basement of the
house to an accessory dental use shall be dependent upon the
Planning Director approving a site plan that meets the
requirements of the Zoning Ordinance. The remainder of the
house and lot shall continue to be a single family use.
Seotion 5. Only the residents of the house may be
allowed to work in the lab within the basement and shall be
limited to no more than two (2) employees.
8eotion 6. This conditional rezone may only be amended
to allow for other uses if a public hearing is held pursuant
to Section 18.68.030(B) of the Zoning Ordinance.
Ordinance No. 4481
January 2, 1991
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Seotion 7. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City
of Auburn shall cause this Ordinance to be recorded in the
office of the King County Auditor, Division of Records and
Elections.
Section 8. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 9. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
Ordinance No. 4481
January 2, 1991
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance No. 4481
January 2, 1991
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