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Home My WebLink About4673 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY CLERK'S OFFICE CITY OF AUI~URN 25 West Main Auburn, WA 98001 ORDINANCE NO. 4 6 7 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AFFIRMING THE HEARING EXAMINER'S DECISION IN CASE NO. VAR0001-94 TO DENY THE APPEAL FILED BY SALVATORE MANCUSO FOR A VARIANCE TO ALLOW AN ADDITION TO BE CONSTRUCTED ON THE LOT LOCATED AT 305 PIKE STREET N.E., IN AN R-2 (SINGLE FAMILY) ZONE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. VAR0001-94, dated February 14, 1994, has been submitted to the Auburn City Council by SALVATORE MANCUSO as an appeal of the Hearing Examiner's Decision issued March 31, 1994, pursuant to Findings of Fact and Conclusions of Law; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing on March 22, 1994 to consider said petition in the Council Chambers of the Auburn City Hall, at the conclusion of which the Hearing Examiner denied the variance to allow an addition to be constructed on the lot located at 305 Pike Street N.E., on property zoned R-2 (Single Family), based upon the following Findings of Fact and Conclusions entered in Hearing Examiner Decision No. VARO001- 94 issued on March 31, 1994, a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein; and WHEREAS, the City Council held a public hearing to consider said appeal of the Hearing Examiner's Decision in the Ordinance No. 4673 May 10, 1994 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City Council Chambers of the Auburn City Hall on May 2,. 1994 and therein did consider the record and decision established by the Hearing Examiner and, further, did consider the testimony, evidence and exhibits presented by SALVATORE MANCUSO, the City of Auburn staff, and members of the public; 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: 8eotion 1. The City Council hereby affirms the Hearing Examiner's Decision in Case No. VAR0001-94 filed by SALVATORE MANCUSO and herein affirms and adopts the Findings of Fact, Conclusions of Law, and Decision contained within the Examiner's Decision dated March 31, 1994. Seotlon Z. 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. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 4673 May 10, 1994 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 · 16 17 18 19 20 21 22 23 24 25 26 Section 4. This Ordinance shall force five days from and after its publication as provided by law. take effect and be in passage, approval and INTRODUCED: PASSED: APPROVED: ATTEST: MAYOR Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Acting City Attorney Ordinance No. 4673 May 10, 1994 Page 3 STEVE LANCASTER, PtANNING DIRECTOR PLANNING AND COMMUNITY DEVELOPMENT DE: 25 WEST MAIN. AUBURN, WA ~001 (20~) 931.3090 FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE ~ OF AUBURN APPLICATION; APPLICANT: RF.,QUF_.~r: LOCATION: APPLICATION FP Fn: SEPA STATUS: DATE OF PUBLIC HEARING: DECISION ISSUED:. DECISION: PUBLIC TESTIMONY: PUBLIC COMMF. NTS: VAR0001-94 S~ntor¢ Mancmo ~ ~ ~ ~cm~ F~ x4, t~ M~ ~ ~ ~ 31, ~ L~ R~ ~ P~ ~ M~, ~ P~ ~ N~ N~ Examiner, th~ fallowing Ftn~i-.~ of Fn~ and co~lu~ms shnn constitute the de~slon of the He~ E-nmine. r 1. The apl~:ant, Salvatotc Manom~ ~ · variance to allow conmu~ion of an addition onto his homc which would -__-__~ea_ the lot coveta~ retirements. 2. The subject progmly is Io~ated at 305 Pike Street N.E. in Auburn, and is 6,743 sq. feet in ~-i,e. Thc subje~ HE~DF~VARn~-9~ ORDINANCE NO. 4673 EXHIBIT "A" and ~ Applicali~ No. VAR~01-~ T~ masimum build;-g ~ov~r~ in an R-2 z~e is 35%. TI~ sit= plan, as provid~ b~ thc applicant, illustrate~ the hour, e tc~tl~r ~ its detached pra~ results in an existln~ building covernge of 37.7%. The i~ k to allow a ~0 sq. feet bedroom wi6ch would add an addltional 5.7~ to the e..si~ Tb~ lot v~lme thc subjcct hous~ is located is rein .ng,fltr in dsape and is 61.75 feet wklc and 111 feet deep. 33~ mlnlmum lot size in R-2 zone is 6,000 sq. feet and the m;fl~m Jot width is ~50 fect, and the mhimm lot d~th i~ ~0 feet. Accord~., ~ k~ emmh ~ mifllm~ dim~,~on ~ aroJt r~qllh'enle, ntl i~m· & At tl~ thnc of the public he. ar~ a n~ighb~r speke in support ot the request indicafin8 that skce tl~ bedroom was propoled to be at the back of the p~ope~y ~ ~ ~ ~ ~ ~ h ~ ~y. 1. Pri~ to th~ time gk~g the unde~ can r~fl~end ap~ of the var~ the reques~ must be c~ms~ant with a number of ~ se~ foflh in thc Z~;-g. Ord;n~m.A at Section 18.'~).010. ~ ~ Ordinam2. h this imtance, tl~ ~ has rcim~cnted the cxisten~ d no uniqu~ ph~ ~lhc R-2 nme. F'.m.~i.~ and Decisk~ Application No. VAR0{]01-94 6. T'~ tppl~'~.,~ m''d e.~tabl~h ~ lltora{ interpeetat~on of the prov~.~Joat of the Zoni,~S Code wou{d depfi~ the applicant of Hghts ~mmonly enj~ b~ ~ in'opes~es in ~ same zo,,i,,_~ district. The apl~icant is currently the recipient of greater lot co,~'nge than other R-2 x~ed [ot~ and therefore is n~ being 7. The&pprovd~tlmvm~ac~muatb~e~m~entwithth~purp~dtl~Zc~ngCod~. Onepus-[~ofth~ ?~,;,,~,. Code, u m forth in Seciim In nm n20(B) {s to p~ovlde esscnllal iight, alt, i~, and ~ ~. 10. There are no other regulatiom ~' c~a~tiom which apldy. 11. The appilcant has failed to estab{ish, bY a Pr¢lx~derance °f the evidenc~ the e'~¢nce d the necessar~ crit~Ha f~ th~ api~val of a variance. Datd thll 3Iai day d March, 1994, pumant to tl~ autho~i~ granted und~ Chapter 18.66, Z~ing O~li~mc~ REOUI~T FOR RECOI",'~IDERATION Any party ot~ rec~d who fe~ls the dezision d the ~mi~ is based r" em~ of Pt'ocedure, fact ~ ~ or the d~ d n~w evldence my file a w~ten requ~t f~ ~ wi~h tl~ Hearing w"""'~"~ no tater than 7 dap from th~ date of m.m,,g, d th~ d~islma. R~ requ~s should b~ nddrmod t~ Hearing Enmi~, 25 West {a,~,, SUeet, Auburn, WA. ~001-4'~8. NOTICE OF RIGHT TO APPEAL F'u~i-,~ '"d ~ Application No. VAR0001-~{. 18.66 fo,' ~pa:i~: hfo,~atlou. The apical foru~ ca~ t~ ob~aiaed ~rom the City Clerk. Au)' appeal to thi~ deci.~'ou m,,,t be ~ed ~o tater thaa April 11, 1994, by 5.'00 p.m. w~th the Cay Clerk -, the Aubura City Hall, 2~