HomeMy WebLinkAbout5213Return 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. 5213
Reference Number(s) of Documents assigned or released:
I']Additional reference #'s on page of document
Grantor(s)lBorrower(s) (Last name first, then first name and initials)
CITY OF AUBURN
Grantee/Assignee/Beneficiary: (Last name first)
Laukala, Beverly
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section NE 01, Township 21, Range 04 Described as follows: 5 lot 1 LESS RD OF
AUBURN SP-8-85 REC #8511260284 SD SP DAF W % OF FOLGPOR OF SW ¼ F NE
1/4BAAP ON S LN MILL ST 545FT WOF C/1 OF NP RR R/W TH WALG S LN SD
MILL ST 371,225 FT TH S 352 FT THE E PLT S LN SD MILL ST 371.25 FT TH N 352
FT TO POB - AKA W 1/2OF UNPL PCL A CHRISTOPHER GARDEN TRS
[] Additional legal is on page Zof document.
Assessor's Property Tax Parcel/Account Number
012104-9005
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5213
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF PASSENGER
CARS AND TRUCKS AT RETAIL TO THE GENERAL PUBLIC, ON PROPERTY
ZONED M-2 HEAVY INDUSTRIAL, LOCATED AT 420 37=h STREET NW #G,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0007-98 filed December 3,
1998, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by Beverly Laukala,
requesting a conditional use permit to allow for the sale of
passenger cars and trucks at retail to the general public, on
property zoned M-2 Heavy Industrial located at 420 37th Street
NW #G, 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 the City Auburn Hall, on January 20, 1999, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
for the sale of passenger cars and trucks at retail to the
general public on property zoned M-2 Heavy Industrial located
at 420 37th Street NW #G, within the City of Auburn,
Washington; and
Ordinance No.5213
February 10, 1999
Page 1
WHEREAS, the City Council, on February 1, 1999,
considered said request and affirmed the Hearing Examiner's
decision for the issuance of a Conditional Use Permit to allow
the sale of passenger cars and trucks at retail to the general
public on property zoned M-2 located at 420 37th Street NW #G,
within the City of Auburn, Washington, based upon the
following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
~ 1. The owner, Beverly Laukala, of the property located at
C~ 420 37th Street NW has requested that one of her tenants
~ be allowed to sell passenger cars and trucks at retail
~ to the general public. The subject property is zoned M-
~ 2, Heavy Industrial, and pursuant to section
~ 18.34.040(B) of the Auburn Zoning Code retail sales of
automobiles may be allowed if a conditional use permit
is approved by the city.
2. The subject proposal is to be located within a MULTI
tenant building that is about 21,600 square feet in size
and contains a variety of offices, manufacturing and
warehouse uses. The subject proposal will be located in
a tenant space that is about 2,000 square feet in size.
Ordinance No. 5213
February 10, 1999
Page 2
3. The owners of the car sales business have indicated that
about 90 to 95% of their business is wholesale trade of
automobiles. Wholesale trade is an outright permitted
use in the M-2 zone. The retail trade of the vehicles
does require the conditional use permit and the owners
have indicated that about 1 to 5 cars would be sold at
retail during any one month.
4. The owners have indicated that all vehicles for sale,
including the vehicles for wholesale trade, are to be
kept in the building. The owner anticipates there will
Q~ be 12 to 15 vehicles in the building at any one time.
~ 5. The owner of the business has also indicated that there
~ will no washing or detailing of the vehicles on the
site. If this were to occur, the applicant needs to
have a drain system connected to the sanitary sewer
system and not the drain to the storm water drainage
system.
6. The contents of the case file #CUP0007-98, of this
project are hereby incorporated by reference and made
part of the record of the hearing.
CONCLUSION OF LAW
The 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.
Ordinance No.5213
February 10, 1999
Page 3
1. The use will have no more adverse effect on health,
safety or comfort of persons living or working in the
area, and will be no more injurious, economically or
otherwise, to property improvements in the surrounding
area, than would any use generally permitted in the
district.
The relatively small scale of the retail portion of the
business will not cause any adverse effects upon an adjoining
uses. This is not a typical used car lot in that all vehicles
are within a building and there will be minimal traffic from
the general public. The nature of this business should not
interfere with the industrial character of the area.
2. The proposal is in accordance with the goals, polices
and objectives of the Comprehensive Plan.
Policy LU-108a speaks to allowing commercial uses within
an industrial area.
3. The proposal complies with all requirements of the
Zoning Ordinance. The application meets or is capable
of meeting all applicable Zoning Code requirements.
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.
Ordinance No.5213
February 10, 1999
Page 4
There will be no changes in the building or lot that would be
inconsistent or inappropriate with the existing character of
the established heavy industrial uses in the area with the
existing or intended character of the general vicinity.
5. The proposal will not adversely affect the Public
Infrastructure.
There is no indication that 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 the sale
of passenger cars and trucks at retail to the general public
on property zoned M-2 Heavy Industrial located at 420 37~h
Street NW #G, within the City of Auburn, Washington, is
approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's
Finding of Fact and Conclusions of Law, are herewith
incorporated in this Ordinance.
Section 2. A Conditional Use Permit is hereby
approved subject to the conditions in Sections 3 and 4 below
of this Ordinance,
Ordinance No.5213
February 10, 1999
Page 5
for the sale of passenger cars and trucks at retail to the
general public on property zoned M-2 Heavy Industrial located
at 420 37th Street NW #G, within the City of Auburn , County of
King, State of Washington, legally described as follows:
5 lot 1 LESS RD OF AUBURN SP-8-85
REC #8511260284 SD SP DAF W ~ of FOLG -
POR OF SW ~ F NE 1/4BAAP ON S LN MILL ST
545FT WOF C/1 OF NP RR R/W TH W ALG S LN
SD MILL ST 371,25 FT TH S 352 FT TH E
PLT S LN SD MILL ST 371.25 FT TH N 352
FT TO POB - A/{A W 1/2OF UNPL PCL A
CHRISTOPHER GARDEN TRS
Section 3. All vehicles for sale shall be within the
building.
Section 4. There shall be no washing of vehicles on
site unless an approved drain system is connected to the
sanitary sewer system.
Section 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 recorded in the office of the King County Auditor.
Section 6. The Mayor is hereby authorized to
implement such administrative procedures as may be
necessary to carry out the directions of this legislation.
Section 7. 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. 5213
February 10, 1999
Page 6
INTRODUCED: February 16, 1999
PASSED: Feb~_~ary 16, 1999
APPROVED: Feb~3_arV 16, 1999
CHARLES A. BOOTH
MAYOR
ATTEST:
Deputy City Clerk
DSO FORM:
Michael J.~ds,
City Attorney
Ordinance No.5213
February 8,1999
Page 7