HomeMy WebLinkAbout5208Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
ORDINANCE NO. 5208
Reference Number(s) of Documents assigned or released:
['lAdditional reference #'s on page __ of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
CITY OF AUBURN
Grantee/Assignee/Beneficiary: (Last name first) Scholter, Paul and Tamie
l Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section SE 18, Township 21, Range 05 Described as follows: Lot 1, Block 2,
Merritt's First Addition to Auburn, according to the recorded plat thereof,
together with that portion of the north one half of vacated alley in said
Block 2 adjoining said Lot 1 ,,~'
lti Additional legal is on page 7of document.
Assessor's Property Tax Parcel/Account Number
548570-0040
["} Assessor Tax # not yet assigned
ORDINANCE NO. 5 2 0 8
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING
FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A HAIR CARE SALON
ON PROPERTY ZONED R-O (RESIDENTIAL OFFICE) LOCATED AT 1150
EAST MAIN STREET, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0005-98 dated November 2,
1998, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by PAUL and TAMIE
SCHOLTER, requesting a Conditional Use Permit to allow for a
hair care salon on property zoned R-O (Residential Office)
located at 1150 East Main Street 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
Ordinance No. 5208
January 5, 1999
Page 1
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 December 22,
1998, at the conclusion of which the Hearing Examiner
recommended the approval of the issuance of a Conditional
Use Permit to allow for a hair care salon on property zoned
R-O (Residential Office) located at 1150 East Main Street,
within the City of Auburn, Washington; and
WHEREAS, the City Council, on January 4, 1999,
considered said request and affirmed the Hearing Examiner's
decision for the issuance of a Conditional Use Permit to
allow for a hair care salon on property zoned R-O
(Residential Office) located at 1150 East Main Street,
within the City of Auburn, Washington, based upon the
following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. The applicants, Paul and Tamie Scholter, have requested
a conditional use permit that would allow them to
convert a single family home into a hair care salon.
The subject property is located at 1150 East Main
Street and is zoned R-O, Residential Office. The RO
zone at Section 18.22.030, of the Zoning Ordinance,
does allow personal service shops in an RO zone if a
conditional use permit is issued. Personal service
shops are defined as allowing for hair care salons.
Ordinance No. 5208
January 5, 1999
Page 2
2. The existing house is relatively small with
approximately 950 square feet on the main floor as well
as a partial basement. The hair salon will be
conducted on the main floor and the application shows
there will be three workstations, a waiting area,
kitchen and restroom uses. Some storage will occur
within the basement.
3. The site plan illustrates five parking spaces will be
in the rear yard of the property, including one in the
garage which will remain. A typical hair salon shop
requires one parking space for each 400 square feet of
floor area. However, given that there will be at least
three employees, and possibly three clients at each
workstation, together with clients waiting, it is
apparent that more parking is required in order to not
impact the surrounding single family neighborhood.
4. The applicant has indicated that the neighborhood
shopping center across the street has agreed to share
~ its parking and allow the employees of the salon to
~ park at the shopping center. Shared parking such as
C~ this is allowed by the Zoning Code at Section
~ 18.52.030(B). A legally binding agreement is required
~4 to be executed between both parties that guarantees the
~ parking will be available.
~ 5. The lot itself is relatively small, 5,100 sq. ft., and
~ is located at the corner of East Main and "L" Street
SE. East Main Street is a designated arterial. To the
south of the proposal is a single-family home and it is
zoned R-2 single family. To the west is also a single
family home and its zoning is RO. The subject property
is required by the Zoning Code to provide a landscape
buffer along its south property line to buffer the
single-family zoning. Along the west property line the
Zoning Code does not require additional landscaping but
a fence should be erected to buffer the parking lot
from the home to the west.
6. The conversion of the home to a salon requires the site
to be brought up to the current landscape standards.
Ordinance No. 5208
January 5, 1999
Page 3
In addition to the landscaping required along the south
property line, landscaping is also required along both
street frontages. Adequate landscaping can be provided
along the Main Street frontage; however, the full
standard cannot be provided along the "L" Street
frontage. This is due to the need to construct a
handicapped accessible ramp. There is a wide
unimproved landscape strip within the "L" Street right
of way adjacent to the proposal. Some additional trees
could be planted in the landscape strip to offset the
landscaping that cannot fully be provided on site.
7. The contents of the case file #CUP0005-98 of this
project are hereby incorporated by reference and made
part of the record of this hearing.
CONCLUSIONS OF LAW
The conditional use permit may be approved in that it
is consistent with the following criteria necessary to grant
the permit as outlined in Section 18 64 040 of the Zoning
· ·
Ordinance.
1. The use will have no more adverse effect on the health,
safety or comfort of persons living or working in the
area, and will be no more injurious, economically or
otherwise, to property or improvements in the
surrounding area, than would any use generally
permitted in the district.
The purpose of the RO zoning is to provide a transition
between arterial street uses and residential uses.
Since this is a relatively small proposal and the
architectural features will continue to be residential,
there should not be an impact upon the neighborhood if
this proposal is properly conditioned.
2. The proposal is in accordance with the goals, policies
and objectives of the Comprehensive Plan.
Ordinance No. 5208
January 5, 1999
Page 4
The proposal is consistent with the Residential-Office
Comprehensive Plan map designation.
3. The proposal complies with all requirements of the
Zoning Ordinance.
The application indicates that the proposal either
meets or is capable of meeting all requirements of the
Zoning Ordinance.
4. 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.
The existing residential character of the single family
home will largely be retained.
5. The proposal will not adversely affect the public
infrastructure.
There is no indication that the public infrastructure
will be affected
.
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 for a hair
care salon on property zoned R-O (Residential Office)
located at 1150 East Main Street, within the City of Auburn,
Washington, is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5208
January 5, 1999
Page 5
Section 1. 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 for a hair care salon on property zoned R-O
(Residential Office) located at 1150 East Main Street,
within the City of Auburn, County of King, State of
Washington, legally described as follows:
Lot 1, Block 2, Merritt's First Addition
to Auburn, according to the recorded
plat thereof, together with that portion
of the north one half of vacated alley
in said Block 2 adjoining said Lot 1.
Section 3. A binding joint parking agreement, pursuant
to the requirements of Section 18 52 030(B) of the Zoning
· ·
Ordinance, shall be executed prior to building permits being
issued that would allow for the conversion of the home to a
hair salon. The agreement shall guarantee that at least
three parking spaces shall be made available by the shopping
center to be used by the employees of the hair salon.
Section 4. A six-foot high, solid, wooden fence shall
be constructed along the west property line between the
Ordinance No. 5208
January 5, 1999
Page 6
garage and the house. If the adjoining property owner to
the west would desire some other buffer, than the fence, the
Planning Director is authorized to consider any such change.
The Director may approve or deny any such change.
Section 5. Additional trees shall be planted in the
landscape strip in "L" Street. The applicant shall contact
the City Engineer's office to determine which trees would be
permissible, as well as size, spacing, and sight distance
issues.
Section 6. 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 recorded in
the office of the King County Auditor.
Section 7 The Mayor is hereby authorized to implement
'
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 8. 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. 5208
January 5, 1999
Page 7
INTRODUCED: January 19, 1999
PASSED: January 19, 1999
APPROVED: Jan,~ry 19, 1999
CHARLES A. BOOTH
MAYOR
ATTEST:
ielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 5208
January 5, 1999
Page 8