HomeMy WebLinkAbout5391•
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OCT 7
2000
CITY OF AUBURN
CITY CLERKS OFFICE
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20000921
PAGEF®®1 NW TIT CORD
00/21/2000F 010
KING COUNTY09:31
WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
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1. ORDINANCE NO. 5391 (CUP0001-00) TAA/r GJ X530—/Z
Reference Number(s) of Documents assigned or released:
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ORDINANCE NO.5 3 9 1
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING
FOR A CONDITIONAL USE PERMIT TO CONVERT A SINGLE FAMILY
HOME TO A DUPLEX ON PROPERTY ZONED C-2 (CENTRAL BUSINESS
DISTRICT) LOCATED AT 415 1ST STREET NE, WITHIN THE CITY OF
AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0001-00 dated March 16, 2000 was
submitted to the City of Auburn, Washington, by Eric Hamilton and Donald
Wilde for a Conditional Use Permit to convert a single family home to a duplex
in the C-2, (Central Business District), located at 415 1St Street NE, within the
City of Auburn, Washington, hereinafter described below and as identified on
Exhibit "A" attached hereto and incorporated in this Ordinance by this
reference; and
WHEREAS, said request above referenced 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 April 18, 2000 at the conclusion of which the Hearing Examiner
recommended the approval of the issuance of a Conditional Use Permit to
allow a single family home to be converted to a duplex on property zoned C-2
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Ordinance 5391
May 10, 2000
Page 1
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(Central Business District) located at 415 1St Street NE, within the City of
Auburn, Washington; and
WHEREAS, the City Council, on May 1, 2000, considered said request
and affirmed the Hearing Examiner's decision for the issuance of a Conditional
Use Permit to allow a single family home to be converted to a duplex on
property zoned C-2 (Central Business District) located at 415 1St Street NE,
within the City of Auburn, Washington, based upon the following Findings of
Fact and Conclusions of Law and Decision, to -wit:
FINDINGS OF FACT
1. Eric Hamilton and Donald Wilde have applied for a conditional use permit
that would allow them to convert an existing single family home located at
415 -1St Street NE into a duplex. The property is currently zoned C-2,
Central Business District.
2. The C-2 zone at Section 18.28.030(A) does allow for apartments to be
constructed in the C-2 zone if a conditional use permit is issued. While a
duplex is not defined as an apartment, the Planning Director has
determined that it has the same characteristics as an apartment structure
and is recommending the duplex be considered through the conditional use
process.
3. The site plan submitted with the application illustrates the subject structure
as an existing duplex. The City does not agree with this. The City does not
have any record of the single family home being converted to a duplex.
Recent remodeling of the home was also being done without the benefit of
a permit. The applicant has subsequently applied for the proper building
permit and the subject conditional use permit.
Ordinance 5391
May 10, 2000
Page 2
4. The plans submitted for the building permit illustrate that the roof will be
raised to accommodate a "dormer" on the north and south side of the
structure. New interior walls are also planned.
5. The subject parcel is located in a block that does contain a mix of other
residential uses. Across the street to the south is a commercial use.
6. The site plan illustrates that four parking spaces will be provided in the rear
yard of the property. Each unit will have 2 bedrooms and the four parking
spaces will meet the zoning code requirements. The four spaces will be
paved and provided access from a 16 -foot wide alley.
7. Since this is a conversion of an older single family home, there may need
to be improvements to the structure in order to meet existing building code
requirements. The conversion may also require other improvements
including, but not limited to, storm drainage, alley and/or street
improvements. These improvements, if required, will be required by other
existing codes and ordinances of the City.
8. At the time of the hearing, a concerned citizen and neighbor, Linda Giles,
spoke regarding the application. She wanted to be sure that there was
m adequate off-street parking and questioned whether the four off-street
CYY parking spaces provided would be sufficient. Mr. Rued explained that the
Q off-street parking provided complies with the City of Auburn City Code.
cm Further, she was concerned that the project had been "red tagged" and
questioned whether additional review would be required of an applicant
who would start improvements without the required City permits and
review.
9 The contents of the case file, CUP0001-00, of this project are hereby
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incorporated by reference and made part of the record of this hearing.
CONCLUSIONS OF LAW
The undersigned concludes that 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.
Ordinance 5391
May 10, 2000
Page 3
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.
Having one additional dwelling unit will not be an adverse effect upon the
area. The proper number of parking spaces will be provided and it is likely
that the conversion of the home to a commercial use otherwise allowed by
the C-2 zone would have more of an adverse effect.
2. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan.
Policies LU -79 and LU -80 of the Comprehensive Plan both speak to
encouraging multi -family uses in the downtown area.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal complies or is capable of complying with the Zoning
Ordinance.
4. The proposal can be constructed and maintained so as to be harmonious
co and appropriate in design, character, and appearance with the existing or
M intended character of the general vicinity.
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o The proposal will maintain its existing residential character that is reflective
of the existing character of the area.
5. The proposal will not adversely affect the public infrastructure.
C.; The requirements of other City codes will ensure that the public
C1114 infrastructure will not be adversely affected.
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner
to the Auburn City Council on this conditional use permit application is
approval.
Ordinance 5391
May 10, 2000
Page 4
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 single family home to be converted to a duplex on property zoned C-2
(Central Business District) located at 415 1st Street NE, 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. Purpose. The above cited Hearing Examiner's Findings of
Fact and Conclusions of Law and Decision, are herewith incorporated in this
Ordinance.
Section 2. A Conditional Use Permit is hereby approved to allow for a
M single family home to be converted to a duplex on property zoned C-2 (Central
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a Business District) located at 415 1st Street NE and identified on Exhibit "A"
attached hereto and incorporated in this Ordinance by this reference in the City
of Auburn, County of King, State of Washington.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of
the application thereof to any person or circumstance shall not affect the validity
Ordinance 5391
May 10, 2000
Page 5
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of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. 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 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 6. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
Ordinance 5391
May 10, 2000
Page 6
INTRODUCED: May 15, 2000
PASSED: May 15, 2000
APPROVED: May 15, 2000
1`rl •
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
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Michael J. Ft6ynolds
City Attorney
C= PUBLISHED:
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Ordinance 5391
May 10, 2000
Page 7
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No. 5391
Exhibit A
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AUBURN Nit
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aionai use renrut for Hearing Examiner -Page 8 E_ 8
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LEGAL DESCRIPTION OF PROPERTY
Lot 7 Block 2 Downing and Shrader's Addition to Auburn According to Plat Recorded in Volume
20 of plats Page 68 in King County Washington
FEE PAYMENT: 2 42
5750.00 pl $350.00 for SEPA checklist T.R.# -*" Zf�?Y5
Cashier's Initials 02 Date Received 46 Z -
ordinance No. 5341
Exhibit A
Page 2