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HomeMy WebLinkAbout4674 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 CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn. WA 98001 ORDINANCE NO. 4 6 7 4 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ,AFFIRMING THE HEARING EXAMINER'S DECISION IN CASE NO. MIS0008-94 TO DENY THE APPEAL FILED BY NANETTE BARNES FOR A SPECIAL HOME OCCUPATION PERMIT TO ALLOW A HAIR SALON TO BE OPERATED AT 2120 "R" STREET N.E., IN AN R-2 (SINGLE FAMILY) ZONE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. MIS0008-94, dated February 11, 1994, has been submitted to the Auburn City Council by NANETTE BARNES as an appeal of the Hearing Examiner's Decision issued April 1, 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 gaw~ conditional approval for a special home occupation permit to allow a hair salon to be operated located at 220 "R" 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. MIS0008-94 issued on April 1, 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. 4674 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 NANETTE BARNES, 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 iherein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section ~. The City Council hereby denies the Appeal of the Hearing Examiner's Decision in Case No. MIS0008-94 filed by NANETTE BARNES and herein affirms and adopts the Findings of Fact, Conclusions of Law, and Decision contained within the Examiner's Decision dated April 1, Section z. Upon the passage, this Ordinance as provided by law, 1994. approval and publication of 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. Section 4. 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. 4674 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 INTRODUCED: PASSED: APPROVED: ATTEST: MAYOR Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Acting City Attorney Ordinance No. 4674 May 10, 1994 Page 3 BO6 ROEGNER. {[4AYOR " . $~EV£ I.~NCAS~R. I:%~NNING DIRECTOR 0t. ANNING AND COMMUNITY DEVELOPMENT OEP WEST MAIN. AUBURN. WA {~001 FIND[NOS AND DECISION OF TH][ HEARING EXAMINER FOR THE U a ~' OF AUBURN LOCATION: APPLICATION F~ SEPA STATUS: DATE OF PUBUC HF-ARING: DECISION ISSUED: DECISION: PUBLIC TESTIMONY: PUBLIC COMMENT~: F. xamim~, ~e fo~o~ing Fmd~gs o~ Fact and ceaclus~es slmJl constJtme [he ~-~ c~the H~'~r/ng w~.,.~-~ ORDINANCE NO. 4674 EXHIBIT "A" F'ind[n~a~ ~ ~ Appl~c~o~ lC,lo. 3. area og hr: home. 'l~ ap~caut iudicates tsar ~e would be the operato~ and only employs. Zoniflg_ Ordblmlcc rc4lllir~ two l~U'kh~g sp&ccs w~ch meet tl~ setl~ck and cl~mcn.slona] cl~ter~ for th,- The Zoais~ Ordinan~ require~ service parkln~_ spaces to I~e 9 feet w~e and 19 feet in de~ tn addi~ there is also a required 10 foot setl~.k f~m the 3~d Stre~ N.E. rib-of-way lin~. ~tly, the es~ site plan inmtrates that the~e is a distance of 33 feet from the ~a~ to the cuds. Typic~, whea sidewalks ~e not present, the property line is &ppr,'~m~¢ly seven to 7-1/2 feet from tl~ crab. 3rd St. Pu~-*,~ to the Zoning Or~-~,~, · beauty ~tlon is defined a~ · imsonal service ~hop. Personal se. nice ShOl~ may be al~wed as a Imme ~'~mlon ~mbje~ to the isrman~ of a hmne occ~ permlt by the The Zo~ Ordinam~ at Section 18.60 set.~ fo~h 11 criteria fo~ home oecupatiom. The Ordinam~ requ~es that tl~ nine of the 11 criterla must be es~dhhed before a home occupation p~nlt can ~ cc~cnanfs d thc ~ in wblch this l:ropefl~ is Jocoted, Mardla Heis~.rman's Ach~tion to Aubur~ Sectlom 17 and 18, Town~ 21 Not, h, Ran~ $ F. ast, W/M, King Com~, Washinston, re. ads as follows: 'No k)t shall be reed ~ fc~ re~kntlal ~" Appbcafioa No. b115000~-94 10. In addition~ 1~. Barne~ produced several signatm'es of people who re,de in the neighborhood w~o did not oppo~ her tL T~ staff re~ommemdation on thi~ matter is oonditional approvaL 1. TI~ ~ ha~ ~"~'v.~l the aP~ and comparcd it wi~ tho c~tcria for a ~pecial home 2. On]y members of the ;mm~.d;nte family re~l~g on the premises may be employed and Ms. Bm ovms tl~ rcsldcncc and is pro~-g to be the o0/cmplo~ 3. No inventory will be kept o~er tknn that roq~od fO~ t]M~ ~ 6. It iS n~ uncommon fo~ · homeowner to ~m~rt an attached garage into another u~ and a~ such tho found in a d~.lllng. 9. Only ~e si~n' °ne squat° f°ot in area' ~md ri°ri'illuminated and attached to a bm'Ming k petlitte, d. It No disp a'o plumed. 11. cwtli not d~ ri'om its residential ehara~e~ eithe~r by tho us~ of eo~ mnteHal~ eo~ ligl~ing' '-t~n~' ~ th~ emlssi°ns °f s°und, n°~ v~rafion, odor- It is not uncommon I~r a homeowner to 12. Bul fro' fl~ rem'k~c oovonan~ k &pw.~s u though tl~ home oecupa~oo eou~ 1~ ~.anted. H~D~MISfl~I~9~ ~ 4 F'~d~,,~ mid Dc~isioo Application No. ML_q~__5-94 For ~ch of O~ drove r~-.% Usc deaisiou of the Hcaria~ Ex~miacr oa this special home c~:cupatiou permit applicafio~ is comclitlcx~ ~f,,~zl subje~ to ~ foUowi~ coaditiom: 2. C"ustomc~ dull be by appolntmcnt only and I:~twccn thc hours of 9:00 · ,~ and 6:00 p.m., · maximum five days per v, eek c~oduslve c~ Sundays. 4. An addifiGad pe,~l perking space, meeting all d;mcnsion alld sctb&l:k c~tcr~ e. hall b~ [~'OvldCd ~ tO 5. Prior to the iuuan~ of a Business Resislration and thc opening of bqL~Je~ the applicant shall ~ovlde cvidcnce to rite ph,,~;,,g Director that thc covenants have c3q)ircd or otbcfl, i.se mended to allow for a usc asisbcinS Dated this 31si day of March, L~4, pursunnt to the authori~ granted under Chapter 18.66, Zoning Ordifmnce, City of AUl~rL Dian t.. VuDcffoeek, e 'ins Exsminer REOUEST FOR RECONSIDERATION Any Par~ of r'~e~l who fcels the d~:ision of tl~ Examincr is bascd on crrm. o(proc~lure, fact o~ j~ or the d~ dr new ~*vidence may file a wrlttcn rcquc.st fro' re. consklcrallon ulth thc Hearin~ P~.~ne~ no later than 7 days from the date of m~ilir,~ o~ ~ ~ Rcconsideratloe requests should 1be addressed to: Hcarin~ Exambef, 25 West Main Su'cel, Aubuflk WA. ~01-4~. NOTICE OF RIGHT TO A~Pr~l, Thc dcclslou of the Hearlng lhaminer is flntl unless I written appeal to Coun~ is filed by a pafly of record whhi,, 10 calendar days from the date of mailing of the P~-miner's report. The appeal must be filed with the Cit~ Clerk and sta~c thc basis of appeal which may be crros's of fM, procedural e~ors, omissions fi'om the rccord, errm% in intcrpretafiom of the Comprehensive Plan or new evidence. Sec Z~-;,,g Ordinanc~ Chapter 18.66 fo~ spcc~c inform~e._ The appeal form~ can be ol~alned fi'om the ~ Clerk. Any appeal to this decision must beard no later than April 11, 1994, by 5:00 p.m. with ~he Cll~ C~'k at the Auburn Cip/Halt, 25