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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