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HomeMy WebLinkAbout4947RF. OEIYED THIS DAY Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 AN ii 3 3? RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1.ORDINANCE NO. 4947 2. 3. 4. Reference Number(s) of Documents assigned or released: r-lAddiUonal reference # s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) 1 .CITY OF AUBURN, A MUNICIPAL CORP. 2. 3. 4. Grantee/Assignee/Beneficiary: (Last name first) I.KODO CONSTRUCTION 2. 3. 4. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) N/A [] Additiona ega is on page of document. Assessor's Property Tax Parcel/Account Number I 446340-0020 r E] Assessor Tax # not yet assigned 1 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 Oi~DINANCE NO. 4 9 t 7 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 3,490 SQUARE FOOT OUTDOOR EQUIPMENT STORAGE YARD ON PROPERTY ZONED M-1 (LIGHT INDUSTRIAL), LOCATED AT 122 CLAY STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0004-96 dated October 24, 1996, together with site plans therefore, has been submitted to the City of Auburn, Washington, by KODO CONSTRUCTION requesting a Conditional Use Permit to allow the construction of a 3,490 square foot outdoor equipment storage yard on property zoned M-1 (Light Industrial), located at 122 Clay Street NW, within the City of Auburn, Washington, hereinafter described in Section 2 of the 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 conclusion approval of the Auburn City Hall, on January 22, 1997, at the of which the Hearing Examiner recommended the the issuance of a Conditional Use Permit to allow Ordinance No. 4947 February 10, 1997 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 the construction of a 3,490 square foot outdoor equipment storage yard on property zoned M-1 (Light Industrial), located Clay Street NW, within the City of Auburn, Washington; at 122 and WHEREAS, the City Council, on February 3, 1997, considered said request and affirmed the Hearin~ Examiner's decision for the issuance of a Conditional Use Permit to allow the construction of a 3,490 square foot outdoor equipment storage yard on property zoned M-1 at 122 Clay Street NW,, within the based upon the following Findings of Fact and Conclusions, wit: (Light Industrial), located City of Auburn, Washington, to- FINDINGS OF FACT The applicant, Kodo Construction, applies for a conditional use permit. The applicant is proposing the establishment of an outdoor storage yard which is proposed to be 3,490 square feet in area. The subject property is located at 122 Clay Street NW. Currently, the property is zoned M-I, Light Industrial. This zone has restrictions concerning the development of outdoor storage yards and the maximum amount of outdoor storage permitted is 50% of the size of the buildings on- site in addition to the requirement of a conditional use permit. Ordinance No. 4947 February 10, 1997 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 5 o The buildings associated with the proposal total 6,980 square feet. These buildings consist of a 1,500 square foot house which the applicant plans to convert to an office, and two sheds totaling 1,480 square feet. In addition, the applicant is proposing to build a 4,000 square foot storage shed. The applicant is in the construction business and the outdoor storage will be for equipment, supplies, and materials. At the time of the public hearing, the applicant indicated that he was a brick and cement subcontractor. The proposed storage will be located to the rear of the property, screened from Clay Street by buildings and landscaping. To the east of the storage yard is a pedestrian and bicycle trail. There will be an at-grade storm water facility which is 35 feet wide between the trail and the outdoor storage. In addition, between the storage and the trail, a 7.5 foot width of landscaping will be provided. The staff report and case file (CUP0004-96) and the environmental file (SEP0032 96) are incorporated herein by reference and are made a part of the record. CONCLUSIONS OF LAW The Zoning Code contains a series of criteria which must be established before a conditional use permit can be granted. The first criteria is that the use will have no more of an adverse effect on the health, safety, or comfort of persons living and working in the area than would the use generally permitted in the district. The use will be screened from general public view and significant landscaping will screen adjacent properties. A height limit should be established to prevent an adverse effect upon the trail and adjacent properties. The proposal in accordance with the goals, policies, and objectives of the Compressive Plan provided that it is Ordinance No. 4947 January 14, 1997 Page 3 1 2 3 4 5 6 7 8 9 lO ll 12 13 14 15 16 18 19 20 21 22 23 24 25 26 o properly conditioned. Specifically, the proposal promotes Policy 104c and other policies set forth in the Comprehensive Plan. The proposal complies with the requirements of the Zoning Ordinance. 4 o o The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. With proper screening and~landscaping, the proposal will be compatible with the area. 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 the construction of a 3,490 square foot outdoor equipment storage yard on property zoned M-1 Clay Street NW, within the City State of Washington. NOW, THEREFORE, THE CITY COUNCIL WASHINGTON, DO ORDAIN AS FOLLOWS: (Light Industrial), located at 122 of Auburn, County of King, OF THE CITY OF AUBURN, Ordinance NO. 4947 February 10, 1997 Page 4 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 ~ The above cited Hearin9 Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. ~ A Conditional to allow the construction of equipment storage yard on Industrial), located at Auburn, County of King, as follows: Lot 6, Lunn's Auburn, Use Permit is hereby approved a 3,490 square foot outdoor property zoned M-1 (Light 122 Clay Street NW, within the City of State of Washington, legally described Block C. Garden Tracts of accordin~ to the plat thereof page 33, recorded in Volume 10 of plats, in King County, Washington. AND The south half of Lot 5, Block C, Lunn's Garden Tracts to Auburn, according to the plat thereof recorded in Volume 10 of Plats, page 33, in King County, Washington. Parcel Number 446340-0020-02. ~ Ail landscaping that is illustrated shall be a Type I pursuant to Section 18.50.040(A) of the Zoning Ordinance. Ordinance No. 4947 January 14, 1997 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 no higher than 8 this Ordinance of Auburn office of such The feet. Upon the passage, as provided by law, the shall cause this Ordinance the King County Auditor. ~gJ;]~. The Mayor is height of the materials stored shall be approval and publication of City Clerk of the City to be recorded in the administrative procedures hereby authorized to implement as may be necessary to carry out the directions of this legislation. ~. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR Ordinance No. 4947 February 10, 1997 Page 6 10 11 12 14 16 17 18 19 2O 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 4947 January 14, 1997 Page 7