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IK'S OFFICE
AUBURN
iai Main
VA 98001
REOEIVE[}THI$ DAY
ORDZ~I~C~ ~O. 4 8 3 3
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGT6~,G~DING FOR
A SPECIAL HO.E OCCUPATION PE IT TO ALLOW A MINOR AUTO.O.ILE
REPAIR SHOP TO BE LOCATED WITHIN A DETACHED GARAGE ON PROPERTY
ZONED R-2 (SINGLE FAMILY RESIDENTIAL) LOCATED AT 102 "H"
STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. MIS0007-95
1995, together with site plans therefore,
to the City of Auburn, Washington, by JOHN
a Special Home Occupation Permit to allow
repair shop to be located
(Single Family Residential)
within the City of Auburn,
in Section 2 of the Ordinance;
dated October 13,
has been submitted
BERENS, requesting
a minor automobile
within a detached garage in a R-2
zone located at 102 "H" Street SE,
Washington, hereinafter described
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 November 21, 1995, at the
conclusion of which the Hearing Examiner approved the issuance
of a Special Home Occupation Permit to allow a minor
automobile repair shop to be located within a detached garage
in a R-2 (Single Family Residential); and
WHEREAS, Gordon Roach, on December 11, 1995 filed an
appeal of the Hearing Examiner's decision and a public hearing
Ordinance No. 4833
January 22, 1996
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was then scheduled for the January 2, 1996 City Council
meeting; and
WHEREAS, the City Council on January 2, 1996 conducted a
public and at the conclusion of which tabled its decision
until the January 16, 1996 Council meeting; and
WHEREAS, the City Council, on January 16, 1996,
considered said request and affirmed the Hearing Examiner's
decision for the issuance of a Special Home Occupation Permit
to allow a minor automobile repair shop to be located within a
detached garage in a R-2 (Single Family Residential) zone
located at 102 "H" Street SE, within the City of Auburn,
Washington based upon the following Findings of Fact and
Conclusions, to-wit:
FINDINGS OF FAC__T
me
e
The applicant, John Berens, applies for a special home
occupation permit. The request is to allow a minor
automobile repair shop to be located within a detached
garage. The garage is located at Mr. Berens' residence
at 102 "H" Street SE. The property is zoned R-2, Single
Family residential, and is utilized fora single family
home. Existing zoning and land uses in all directions is
R-2, Single Family.
Automobile repair is allowed as a special home occupation
subject to the issuance of a permit pursuant to the
standards set forth in Section 18.60.040(A) of the Zoning
Ordinance.
The application indicates that Mr. Berens will be the
only employee, and that Monday through Friday between the
hours of 8:00 am to 5:00 pm are the proposed hours of
Ordinance No. 4833
January 22, 1996
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e
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operation. All vehicles being worked on will be parked
in the garage and the work performed will be limited to
light duty and minor tune-ups with most of the repairs
related to emissions systems.
Mr. Berens' home is a four bedroom home, and therefore
two parking spaces are required. The detached garage
provides two parking spaces and there is an existing
driveway and parking lot which is large enough to provide
the required two off-street parking spaces.
The garage was designed for single family residential
purposes, and accordingly it is not built to standards
typically found within commercial structures designed for
automobile repair. Accordingly, there should be
appropriate restrictions on open flames, welding, and the
use of combustible and/or flammable liquids.
Mr. Berens has previously operated a mobile repair
service where he does repair at other persons'
residences. However, he has been operating in his own
residence without the proper permits for a period of
time.
The 11 criteria contained within the Zoning Ordinance
sets forth guidelines for the issuance of home occupation
permits. In order for a permit to be granted, 9 of the
11 criteria must be established. The proposed home
occupation is consistent with the applicable criteria.
Specifically, Mr. Berens will be the only employee.
No inventory is kept or commodities sold other than those
produced on the premises. A site visit together with
discussions with the applicant established that the only
inventory kept will be that associated with the home
occupation. No mechanical equipment is used except for
the type of equipment customarily used for domestic
household or personal purposes. A site visit indicated
that tools used are commonly found within the garages of
most residences.
More than one-fourth of the detached garage will be used
by the home occupation.
No alterations to the building are planned.
No commercial vehicles are involved.
Ordinance NO. 4833
January 22, 1996
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The proposed home occupation will be conducted within a
two car garage and therefore the areas provided for
required off-street parking should not be affected.
Only one sign is permitted. There is no indication that
this requirement will not be met.
No display pertaining to the occupation other than the
one permitted sign is visible from the street.
The condition concerning animals is not applicable.
The home occupation is to be conducted in such a manner
that the residence shall not differ from its residential
character either by the use of colors, materials,
construction, and/or the emission of sounds, noises,
vibrations, or odors. The applicant proposes to conduct
the home occupation within the garage. If the home
occupation is conducted in accordance with the contents
of the application, then the conditions of this permit
should not affect the character of the neighborhood.
However, at the Hearing Examiner hearing two neighbors
expressed concern with the regard to the home occupation
on the neighborhood. Specifically, Gordon Roach,
testified at the hearing and Bob and Pam Oldenkamp
expressed concern related to noise. A number of
residents within the vicinity support Mr. Berens' permit.
The home occupation must be carefully conditioned so as
to avoid effects on the neighborhood.
CONCLUSIONS OF LAW
The home occupation permit may be approved as it meets
the criteria for a home occupation permit, provided that
it is properly conditioned.
For each of the above referenced reasons, the decision of
the Hearing Examiner to approve a minor automobile repair shop
to be located within a detached garage at 102 "H" Street SE,
is affirmed.
Ordinance No. 4833
January 22, 1996
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Seotion~. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Seotio~_____~_. A Special Home Occupation Permit is hereby
approved to allow a minor automobile repair shop to be located
within a detached garage in a R-2 (Single Family Residential)
zone located at 102 "H" Street SE, within the City of Auburn,
Washington, County of King, State of Washington, and is
legally described as follows:
Lot 4, Block 9, Truitt's Second Addition
as recorded in volume 17 page 64 of Plats,
Records of King County, WA.
Section 3. John Berens shall be the only employee. The
hours of operation shall be limited to 8:00 AM through 5:00
PM. The days of operation shall be limited to Monday through
Friday.
Seotion 4. The repair shall be limited to exchange of
parts only. There shall be no body work, spray painting,
welding or the use of open flame. The applicant shall contact
the Fire Marshal's office (206) 931-3060) to determine what
fire extinguishers or other requirements are necessary.
Whenever possible, repairs shall be conducted with the garage
Ordinance No. 4833
January 22, 1996
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door closed to limit the aesthetic affect of the home
occupation on the neighborhood. Having the garage door closed
should help to reduce noise in the neighborhood as well.
Section 5. There shall be only one vehicle, being
repaired, on the premises, which includes adjacent streets or
other property, at any one time. The vehicle shall be in the
garage at all times. This includes vehicles that are awaiting
repair, or, repaired and awaiting to be picked up by its
owner.
Section 6. Any used oil or other used fluids shall be
disposed of properly. The City Engineer's office shall review
and approve the method of disposal.
Section 7. A business registration, issued by the City
Clerk's offioe, is required prior to operation of the
automobile repair shop.
Section S. Upon the passage,
this Ordinance as provided by law,
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 9. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Ordinance No. 4833
January 22, 1996
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Section i~0.
force five days from and after
publication as provided by law.
This Ordinance shall take effect and be in
its passage, approval and
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
1 Reynolds,
City Attorney
Ordinance No. 4833
January 22, 1996
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