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Home My WebLink About4522 ~ ~ (1') o rr; .-4 N .-4 .-4 (1') I ìJ I j ! ~ II i - - II ..: - 18 19 20 21 22 23 24 ! / 25 ~/' 26 ~----- ~-kJ: oJ, ~ld- 1 CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn. WA 98001 ORDINANCE NO. 4 5 2 2 2 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON AFFIRMING THE HEARING EXAMINER'S DECISION TO DENY JOHN R. AND GAIL M. PARKER'S REQUEST FOR A VARIANCE TO ALLOW THE CONSTRUCTION OF A GARAGE TO BE BUILT WITHIN TEN FEET OF THE ALLEY ON PROPERTY LOCATED AT 307 "R" STREET N.E., WITHIN THE CITY OF AUBURN, WASHINGTON. 4 5 6 7 WHEREAS, Application No. CAP0003-91 (No. VAR0002-91) has 8 been submitted to the Council of the City of Auburn, 9 Washington, by JOHN R. and GAIL M. PARKER appealing the Hearing 10 Examiner's decision of a variance to allow for the construction 11 of a garage to be built within ten feet of the alley and for 12 the lot coverage to be exceeded by 2% on property located at 13 14 15 307 "R" Street N.E., which application was dated September 4, 1991; and WHEREAS, said request above was referred to the Hearing 16 Examiner for study and public hearing thereon; and 17 WHEREAS, the Hearing Examiner, based upon staff review, held a publ~hearing to consider said petition in the Council Cham~~the Auburn City Hall, on August 20, 1991, at 7:00 p.m., at the conclusion of which the Hearing Examiner denied the variance based upon the specific Findings of Fact and Conclusions of Law of the Hearing Examiner contained in the record; and ---------------------------- Ordinance No. 4522 October 15, 1991 Page 1 1 2 3 4 5 6 7 8 9 ~ 10 ~ 11 (!'J 0 rr; 12 .-4 N 13 ~ ~ 14 C") 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, on the 9th day of September, 1991 the applicants filed an appeal of the Hearing Examiner's decision to deny the variance; and WHEREAS, the City Council of the City of Auburn conducted a public hearing on this matter in the Council Chambers of the Auburn City Hall at 7:30 p.m. on October 7, 1991 and considered the testimony, evidence and exhibits presented by both the applicant and City staff; and WHEREAS, based on due consideration of the information and testimony received and the files and records herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. Based on the files and records herein, and the testimony and evidence received at the public hearing, the city Council hereby affirms the following Hearing Examiner Findings of Fact: FINDINGS OF FACT 1. The applicant, John R. Parker, applies for a variance to permit a garage to be built within 10 feet of the alley. The applicant further requests in his variance that lot coverage be exceeded by 2%. 2. The subject property is currently zoned R-2, Single Family Residential District, and is developed as a new single family home. 3. The sUbject property is located at 307 "R" Street N.E. and is 4,388 square feet in size. Land in all directions is zoned and used for single family purposes. ---------------------------- Ordinance No, 4522 October 15, 1991 Page 2 ---------~_._._~_.~_._~_._-._--~---- 1 2 3 4 5 6 7 8 9 10 ~ 11 ~ (1') 12 0 rrJ 13 .-4 N .-4 14 .-4 go) 15 16 17 18 19 20 21 22 23 24 25 26 4. The maximum lot coverage in the R-2 zone is 35%. The applicant proposes to construct a garage which would exceed the maximum lot coverage by approximately 2% when the size of the garage is added to the size of the residence. 5. The applicant also requested his detached residential garage be permitted to encroach within 10 feet of the alley. The garage is proposed to be 22 feet wide and 22 feet deep. 6. As indicated, a new single family home exists on the lot. The home received final inspection in May of 1991 following issuance of a building permit in the fall of 1990. 7. The original building plans for the house indicated construction of a carport. The carport would have exceeded maximum lot coverage. Therefore, the Building Department notified the contractor of the lot coverage problems. The contractor elected to remove the carport as opposed to redesigning the house. 8. The lot is somewhat small and consists of a 40 foot wide by 109.7 foot space. within the R-2 zone, there is a 20 foot front yard setback required and a rear yard setback of 25 feet. Five foot side yards are required. 9. The Hearing Examiner's inspection of the site together with the evidence submitted by the Planning Department reveals that there are a number of garages which abut or are within 5 feet of the alley between 2nd and 4th streets N.E. However, these garages do not access directly to the alley which is 16 feet wide. 10. There is a house with an attached garage built in 1985 which is at 317 "R" street N.E. That garage is accessed directly from the alley and appropriate setbacks have been provided. 11. The existing house is set back approximately 43.5 feet from the alley. The site plan reveals a patio which is illustrated to be uncovered. The evidence establishes that a garage could be built closer to the existing house and still meet the required setbacks but would have to be slightly smaller than proposed to meet lot coverage requirements. ---------------------------- Ordinance No. 4522 October 15, 1991 Page 3 ----'~.__.__._---~----~.~-_._..._----- 1 2 3 4 5 6 7 8 9 ~ 10 t,':! (!'J 11 0 rrJ ~ 12 N ~ 13 .- C") 14 15 16 17 18 19 20 21 22 23 24 25 26 12. The staff report to the Hearing Examiner with its recommendation of denial, is incorporated herein by reference. CONCLUSIONS OF LAW The City Council hereby affirms the following Conclusions of the Hearing Examiner: 1. The Zoning Ordinance sets forth a series of strict criteria which must be complied with before a variance of the Zoning Ordinance can be granted. 2. The first of these criteria are that there are unique physical conditions relating to lot size or shape. As a result of the unique physical conditions, unnecessary hardships must be proven to arise in complying with the provisions of the Zoning Ordinance. The contractor constructed the house without a carport or garage after being notified that the original carport design did not comply with the Zoning Ordinance. Although the lot is narrow and small in size, the 35% maximum lot coverage still permits a 1,535 square foot building area. since the R-2 zone allows for 2 stories, up to 1,535 square feet per floor could be provided. It is not established by the evidence that the unique physical conditions associated with this lot result in unnecessary hardships. 3. The development of the lot in strict conformity with the provisions of the Zoning Ordinance still allows a reasonable and harmonious use of the lot. The builder constructed a home of his choice which he considered reasonable to market despite the fact that a garage was not provided for. 4. The applicant must establish that the variance, if granted, will not alter the character of the neighborhood. All of the other garages which abut the alley indirectly access the alley or meet setback requirements. 5. The special circumstances and conditions which result in the variance request are the actions of the contractor. ---------------------------- Ordinance No. 4522 October 15, 1991 Page 4 . --- -..._------_._------_.-.._-_.__._-~-,_._~---_.__._- 1 2 3 4 5 6 7 8 ~ 9 ~ (1') 10 0 00 .-4 11 N .-4 12 .-4 (1') 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. A literal interpretation of the prov~s~ons of the Zoning Code would not deprive the applicant of rights commonly enjoyed by property owners in that zoning district. 7. The granting of the variance would be inconsistent with the purpose of the Zoning Code. 8. Accessory garages are a permitted use in the R-2 zone. 9. The other criteria for the granting of a variance do not apply to this case. section 2. Based upon the foregoing Findings of Fact and Conclusions, the City Council affirms the decision of the Hearing Examiner to deny the request of JOHN R. and GAIL M. PARKER for a variance to allow for the construction of a garage to be built within ten feet of the alley and for the lot coverage to be exceeded by 2% on property located at 307 "R" street N.E., within the city of Auburn, Washington, is herewith denied. Section 3. The city Clerk for the City of Auburn, is hereby authorized and directed to file a certified copy of this Ordinance with the King County Assessor. section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. section s. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ---------------------------- Ordinance No, 4522 October 15, 1991 Page 5 1 2 3 4 5 6 7 8 9 ~ 10 ~ ~ 0 11 00 ...-4 12 N ~ 13 ...-4 go) 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: ~/;J~ Robin Wohlhueter, City Clerk APPROVED AS TO FORM: 5fí~ M~ Stephen R. Shelton, City Attorney PUBLISHED: / [)- a Î- 9/ -------.-------------------. Ordinance No. 4522 October 15, 1991 Page 6 INTRODUCED: /O-d/ -c¡ I /D-,-9/- q I /() -¿;ìj -q ( PASSED: APPROVED: M~R ,._~-~..._-~-,~-----._---