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HomeMy WebLinkAbout47981 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 OFF~CE CITY OF 25 West Auburn, WA ORDZ~ FEB 8 1996 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF SIX DUPLEXES ON PROPERTY LOCATED 123 FEET NORTH OF 14TH STREET NE IN THE 900 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON, AND REPEALING ORDINANCE NO. 4422. WHEREAS, Application No. CUP0002-90 dated January 26, 1990, together with site plans therefore, has been submitted to the City of Auburn, Washington, by STEPHEN F. LONE, requesting a Conditional Use Permit to allow construction of six duplexes on property located 123 feet north of 14th Street NE in the 900 block, within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and WHEREAS, the Auburn City Council on April 16, 1990, passed Ordinance No. 4422 approving construction of six duplexes on the above property; however, the building permits for the project were not applied for and therefor the project did not proceed; and WHEREAS, pursuant to Section 18.64.060, of the City's Zoning Code, conditional use permits become null and void if a building permit has not been issued within two (2) years of the approval of the conditional use permit; and WHEREAS, Application No. CUP00010-95 dated August 15, 1995, has been resubmitted by the applicant, STEPHEN F. LONE, requesting a conditional use permit to allow the construction Ordinance No. 4798 October 11, 1995 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 of six duplexes to be located north of 14th Street NE and west of Scobee Elementary School and legally described in Section 2 of this 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 to consider said petition in the Council Chambers of the Auburn City Hall, on September 19, 1995, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow construction of six duplexes on property located 123 feet north of 14th Street NE in the 900 block, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicant, Stephen F. Lone, applies for a Conditional Use Permit to allow for six duplexes. 2. The subject site is 56,349 square feet in size and is located 123 feet north of 14th Street NE in the 900 block. The property is currently zoned R-3 (Duplex) and is designated for moderate density residential uses in the Comprehensive Plan. Surrounding zoning and land uses in the vicinity include R-2, Vacant, to the north; R-2, duplexes, to the south; P-l, elementary school to the east; and R-2, single family, to the west. Land in all directions is designated for single family uses in the Comprehensive Plan except to the east which is designated Public Use. Ordinance No.4798 ' October 11, 1995 Page 2 I 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 Ordinance No. 4798 October 11, 1995 Page 3 The applicant is proposing construction of six duplexes. More than one duplex per lot is allowed in the R-3 (Duplex) zone provided that a conditional use permit is granted. A minimum of 3600 square feet of lot area per each duplex unit it required. This proposal requires 43,200 square feet of lot area and the lot is over 56,000 square feet in size and accordingly there is ample space provided for the proposal. Currently, the site consists of three lots of a previously approved short plat. A lot line adjustment or revised short plat will be required to remove the lot lines which are in conflict with the Zoning Ordinance. The applicant has amended the initial site plan to provide for access to the site via a 30 foot wide access easement from 14th Street NE There is a 37.5 foot radius turnaround for emergency vehicles provided. There are single family homes abutting this site to the west and north. Conditions should be implemented to minimize the impact upon adjacent single family residential uses. The staff report with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF LAW The Zoning Ordinance at Section 18.64.040 sets forth a series of criteria which must be established prior to the time that the undersigned has the authority to grant a conditional use permit. The first of these criteria relates to the use as proposed having no more of an adverse effect on the health, safety, or comfort of persons living or working in the area than would any use generally permitted in the district. The proposal is compatible with the existing elementary school to the east and the duplexes to the south. As proposed 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 3 o and as oriented on the site plan, the duplexes minimize impacts upon the single family homes and landscaping will also be required. The proposal is in accord with the goals, policies, and objectives of the Comprehensive Plan since the Comprehensive Plan designates a site for moderate density residential uses. The proposal will comply with all requirements of the Zoning Ordinance provided that the existing lot lines are removed. The proposal will be compatible with adjoining school and residential uses and will be appropriate in design, character, and appearance with the existing or intended character of the vicinity. The proposal is provided access from 14th Street NE which is a designated arterial capable of providing necessary services. Therefore, it is concluded that the proposal will not adversely affect the public infrastructure. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to allow construction of six duplexes is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Seotlon ~. 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 approved to allow construction of six duplexes on property located 123 feet north of 14th Street NE in the 900 block, situate in the Ordinance No. 4798 October 11, 1995 Page 4 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Auburn, County of King, State of Washington, and legally described as follows: Lots 2, 3, and 4 of the City of Auburn Short Plat No. SP-1-88 situated in Section 7, Twp 21 North, Range 5 EWM, City of Auburn, County of King, State of Washington. Section 3. The west and north property lines shall be landscaped with a minimum 5 foot width of Type II landscaping, adjoining parking areas and driveways shall have a 5 foot width of Type I landscaping. Section 4. The interior lot lines shall be removed and the easement and turnaround of the existing short plat be revised in order to comply with the Zoning Ordinance. Seotion 5. 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 office of the King County Auditor. Section 6. City of Auburn Ordinance No. repealed in its entirety. Seotlon ~. The Mayor is such administrative procedures out the directions of this legislation. Seotion 8. This Ordinance shall force five days from and after its publication as provided by law. recorded in the 4422 is herewith hereby authorized to implement as may be necessary to carry take effect and be in passage, approval and Ordinance NO. 4798 October 11, 1995 Page 5 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: MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: ~ cA~a~torney PUBLISHED: Ordinance No. 4798 October 11, 1995 Page 6