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ORDINANCE NO. 4 6 1 5.
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, DENYING
REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR AN ARCADE
BUILDING AT 620 AUBURN WAY SOUTH, SUITE I, IN A C-3 (HEAVY
COMMERCIAL) ZONE, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0008-92 dated November 25,
1992, together with site plans therefore, was submitted to the
City of Auburn, Washington, by ANTHONY CHUNG, requesting a
Conditional Use Permit to allow for an arcade consisting of 19
video and/or pinball games to be located within an existing
building at 620 Auburn Way South, Suite I, on property zoned
C-3 (Heavy Commercial) within the City of Auburn, Washington,
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 on February 17, 1993 to consider said
petition in the Council Chambers of the Auburn City Hall, at
the conclusion of which the Hearing Examiner recommended the
denial of the issuance of a Conditional Use Permit to allow
for placement of 19 video and/or pinball games to be located
within an existing building at 620 Auburn Way South, Suite I
in a C-3 (Heavy Commercial) zone, based upon the following
Findings of Fact and Conclusions:
Ordinance No. 4615
March 8, 1993
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FINDIN~.~_.~ OF F~CT
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The applicant, Anthony Chung, applies for a Conditional
Use Permit for an arcade. The subject property is
located at 620 Auburn Way South. It is currently zoned
C-3 and is developed as a commercial shopping center.
The applicant has requested a Conditional Use Permit to
allow for the placement of 19 video and/or pinball games
to be located within an existing building at 620 Auburn
Way South, Suite I.
The applicant recently established a business known as
the "Q" Club. The applicant has approximately 12 pool
tables and a few video games. The applicant is seeking
to expand the number of video games in this facility.
The evidence establishes that the applicant's business is
open until 2:00 a.m. on the weekends and until
approximately midnight during the week.
The applicant indicates that part of his reason for
wanting to add more video games is to generate an
additional profit to utilize for hiring off-duty police
officers for security.
The evidence is virtually overwhelming that as a result
of the operation of the "Q" Club, the neighborhood has
experienced very significant disruption.
A very large number of witnesses testified at the Hearing
Examiner public hearing as to problematic confrontations
with juveniles and that citizens in the vicinity felt as
though it is no longer safe to have their children walk
to the surrounding businesses in the vicinity, such as
McDonalds.
The night manager at the Subway was evidently threatened
by a number of young persons wielding pool cues.
Witness after witness testified to finding alcohol
bottles, what appeared to be drug paraphernalia, and
other questionable objects in the vicinity.
This case was originally scheduled for public hearing on
January 19, 1993. At that time, the public hearing was
continued in order to permit additional time for the
Ordinance No. 4615
March 8, 1993
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Police Department to comment on the proposal. However,
the Hearing Examiner took testimony from a few witnesses
who could not be present at the time of the February
public hearing. Exhibit #1 was marked and admitted as
evidence which contained a number of alcohol bottles and
a set of brass knuckles which were recovered from the
vicinity.
One witness who resides in the vicinity and who operates
a licensed home daycare testified by way of a written
letter marked and admitted as Exhibit #3. Jayne Flynn
described dangerous driving, questionable items located
in the parking lot already mentioned, high foot traffic
with gang team types and other unsavory looking persons
using alleys and streets at all times of the day and
night.
one witness, craig Anderson, testified, in person and by
letter marked as Exhibit #2, in support of the "Q" Club.
However, the majority of 'public testimony was
overwhelmingly unfavorable. Incident after incident of
late evening and early morning questionable activities
were described.
Of greatest concern to the Hearing Examiner is the high
number of incidents requiring police response at the "Q"
Club. The police responded to the "Q" Club on 7
occasions in 5 weeks. The applicant indicated that he
had been encouraged to call the police if their
assistance was necessary. While not at all critical of
the applicant for calling the police when necessary, it
should be pointed out that the atmosphere which the club
is creating is evidently drawing confrontational type
persons who need to be contacted by the police on a
regular basis in order to maintain public safety.
The Police Department expressed
apparent gang members showing up
of the club.
concern with regard to
both inside and outside
The witnesses who spoke expressed extreme concern
regarding the late hours which are maintained by the "Q"
Club.
The zoning in which the property is located permits
arcades of this type subject to the requirements of a
Conditional Use Permit.
Ordinance No. 4615
March 8, 1993
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18. The staff report, with its recommendation of denial, is
incorporated herein by reference.
CONC~USZONB OF I.~AW
The Zoning Ordinance sets for a series of criteria which
must be established before a Conditional Use Permit may
be granted. The first of these criteria is that the use
as proposed will not have an adverse affect on the
health, safety, or comfort of persons living or working
in the area. Not only has the Chief of Police indicated
that there is a potential for a serious incident to occur
at this site, there have been an unusually high number of
police responses to the site. Allowing the business to
expand would only make the existing situation more
dangerous. The current use has already had an adverse
affect on the health, safety, and comfort of persons
living or working in the area due to the hours which the
club keeps and the apparent failure of the club to
control its clientele.
The proposal must be in accord with the goals, policies,
and objectives of the Comprehensive Plan. Approval of
the Conditional Use Permit would be inconsistent with
Policy 6.2.1 of the Comprehensive Plan which values
Auburn as a "family community". Approval of the permit
would not support the policy of recognizing and
protecting the designated single family neighborhood
which is east of the proposal.
The proposal does comply with the requirements of the
Zoning Ordinance, however, it is inconsistent with the
purpose of Ordinance No. 3753.
The proposal is located within an existing facility.
Therefore, there are no exterior alterations planned or
needed.
5. The proposal will not adversely affect the public
infrastructure.
6. The expansion of the "Q" Club does not comply with the
requirements of Section 18.64.040 of the Zoning
Ordinance.
Ordinance No. 4615
March 8, 1993
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WHEREAS, on March ~, 1993, the City Council of the City
of Auburn reviewed the Hearing Examiner's recommendation and
above referenced Findings of Fact and Conclusions of Law and
thereafter affirmed the recommendation of the Hearing Examiner
to the Auburn City Council to deny the application for the
Conditional Use Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section ~. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Section 2. A Conditional Use Permit is hereby denied to
allow for placement of 19 video and/or pinball games to be
located within an existing building at 620 Auburn Way South,
Suite I, on property zoned C-3 (Heavy Commercial) within the
Washington, and legally described on attached
City of Auburn,
Exhibit "A".
Section $. 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.
Ordinance No. 4615
March 8, 1993
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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 5. 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:
ATTEST:
MA Y~ R
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
PUBLISHED: ~C~/--~3
Ordinance No. 4615
March 8, 1993
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TIIAT POf~tlOfl OIT Tile SOUTI'R4EgT CIU~d~TER OF SECTION 18,
Ordinance No. 4615
Exhibit "A'