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CITY CLERK'S OFFICE
CITY OF AUBURN
25 West Main
Auburn, WA 9B001
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ORDrNANCE NO. 4 5 5 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AFFIRMING THE HEARING EXAMINER'S DECISION IN CASE
NO. MIS0012-91 TO DENY THE APPEAL FILED BY FRllNK MILES AND
MILES SAND & GRAVEL COMPANY OF THE AUBURN PLANNING DIRECTOR'S
ADMINISTRATIVE DECISION THAT NO VALID CITY PERMIT EXISTS FOR
SURFACE MINING AT THE MILES SAND & GRAVEL SITE AND THAT
SURFACE MINING MUST THEREFORE BE TERMINATED UNTIL SUCH PERMIT
IS SECURED.
WHEREAS, Application No. CAP0002-92 dated ~Iarch 9, 1992
has been submitted to the Auburn City Council by Frank Miles
and Miles Sand & Gravel as an appeal of the Hearing Examiner's
Decision in Application No. MIS0012-91 rendered February 12,
1991 pursuant to Findings of Fact and Conclusions of Law as
modified on February 27, 1992 pursuant to an Ord'3r Correcting
Findings and Decision; and
WHEREAS, the Hearing Examiner Decision denÍE!d the appeal
filed by Frank Miles and Miles Sand & Gravel of the Auburn
Planning Director's administrative decision that 110 valid City
permit exists for surface mining at the Miles Sand & Gravel
site and that surface mining must therefore be terminated
until such permit is secured; and
WHEREAS, the City Council held a pUblic hearing to
consider said appeal of the Hearing Examiner's Dec:ision in the
City Council Chambers of the Auburn City Hall on May 4, 1992
and therein did consider the record and decision established
by the Hearing Examiner and, further, did c:onsider the
testimony, evidence and exhibits presented by Frank Miles and
-------------------------------.
Ordinance No, 4559
April 30, 1992
Page 1
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Miles Sand & Gravel, the City of Auburn staff, and members of
the public; and
WHEREAS, based on due consideration of th.3 information
and testimony received and the files and records herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CI'rY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council hereby denies the Appeal of
the Hearing Examiner's Decision in Case No. MIS0012-91 filed
by Frank Miles and Miles Sand & Gravel and hereil1 affirms and
adopts the Findings of Fact, Conclusions of Law, and Decision
contained within the Examiner's February 12, 199;! Decision as
modified by the Examiner's February 27, 1992 Ord,~r Correcting
Findings and Decision.
Section 2. Upon the passage, approval and publication of
this Ordinance as provided by law, the city ClerJ<: of the City
of Auburn shall cause this Ordinance to be recl:¡rded in the
office of the King County Auditor.
section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be neCeSS¡1ry to carry
out the directives of this legislation.
Section 4.
This Ordinance shall take effec:t and be in
force five days from and after its passage, approval and
publication as provided by law.
---------------------------
Ordinance No, 4559
April 30. 1992
Page 2
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INTRODUCED:
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PASSED:
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APPROVED:
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ATTEST:
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Rob~n Wohlhueter,
city Clerk
APPROVED AS TO FORM:
S&~.~
City Attorney
PUBLrSHED:
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Ordinance No. 4559
April 30. 1992
Page 3
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