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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
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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
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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