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HomeMy WebLinkAbout54160-4, c� cm C=. C'r? O S OCT 17 7000 COY OFAUBURN CITY CLERKS OFFICE Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20000921000342 PACIFIC NW TIT CORD 17.00 PAGE 001 OF 010 08/21/2000 08:31 KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein) -A 1. ORDINANCE NO. 5416 (CUP00-00003) �/llGtl%lit% iOJ«j�{-/2 Reference Number(s) of Documents assigned or released: ❑Additional reference Vs on page _ of document Grantor(s) (Last name first, then first name and initials) 1. ,�1 0{6 /4146urh Grantee- (Last name first) 1. ,D e- e, ka n d., i 1, P ,� Gherr Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 13-21-04 ® Additional legal is on page 9 r ►b of the document. Assessor's Property Tax Parcel/Account Number: said doountis) were Ow for Aoord by Pecft Northwest TitN ae 554730-0150 —0- O'roAI°dD" Or►y n has not been ays*wd as to proper exs&Am w A b t♦s aflaol upon dile. ❑ Assessor Tax # not yet assigned ORDINANCE NO. 5 41 6 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A DRIVE THROUGH ESPRESSO STAND ON PROPERTY ZONED C-1 (LIGHT COMMERCIAL) LOCATED AT 410 WEST MAIN STREET, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP00-00003 dated April 24, 2000 was submitted to the City of Auburn, Washington, by Cliff and Cheryl Dechand for a Conditional Use Permit for a drive-in espresso stand in the C-1, (Light Commercial), located at 410 West Main Street, within the City of Auburn, Washington, hereinafter described below and as identified on Exhibit "A" Cn a attached hereto and incorporated in this Ordinance by this reference; and 0 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 June 20, 2000 at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow a drive through espresso stand on their property located at intersection of West Main and "D" Street SW on property zoned C-1 (Light Commercial), within the City of Auburn, Washington; and Ordinance 5416 July 12, 2000 Page 1 WHEREAS, the City Council, on July 5, 2000, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow a drive through espresso stand on their property located at 410 West Main Street zoned C-1 (Light Commercial) within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT Clifford and Cheryl Dechand have requested a conditional use permit to allow them to construct a drive through espresso stand on their property located at 410 West Main Street. The property is zoned C-1, Light Commercial, and pursuant to Section 18.26.030(F) of the Zoning Code, drive-in facilities may be allowed in the C-1 zone subject to the issuance of a conditional use permit. 2. The property is located at the intersection of West Main and "D" Street SW. The property currently has a single family home on the lot and is occupied by the applicants. The applicants plan to maintain the home as is and build a new structure on the east side of the house for the espresso drive a through. The drawing indicates the espresso stand will be 6 feet wide and 20 feet long. C 3. It is also proposed to construct a new paved driveway on the east side of the house. The cars will enter the property from "D" Street and exit south to an existing alley. The site plan illustrates the proposed driveway to be 20 feet north of the sidewalk on Main Street. This setback is a requirement of the City's design and construction manual. While the drawing states the setback is 20 feet, the drawing itself illustrates the driveway setback to be something less than 20 feet. There does appear to be enough room on the property to provide for the appropriate setback. The new driveway will displace at least two existing on -street parking spaces on "D" Street. Ordinance 5416 July 12, 2000 Page 2 4. The espresso stand will be located on the south property line. Its location will allow for about 3 cars to wait in line, on the subject site, for the espresso stand. In order to lessen any traffic conflict with the residential neighborhood to the west and south, only left turns from the lot shall be permitted. 5. The Zoning Ordinance requires the espresso stand to setback 15 feet from the sidewalk on "D" Street. It is not clear from the drawing what the area between the stand and "D" Street is going to be used for. Since the site is relatively constrained, the east side of the stand should not allow for a drive up window or parking which, if allowed, would provide for conflicts with the traffic exiting the site. The east side would be better served with a walk up window if one were proposed. 6. The contents of the case file, #CUP00-0003, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The undersigned has concluded that the permit may be approved in that it is C* -4 consistent with the following criteria necessary to grant the permit as outlined in M Section 18.64.040 of the Zoning Ordinance. cm 0 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 Cn area, than would any use generally permitted in the district. Q The property is zoned C-1, Light Commercial, and is consistent with similar zoning on the east, west and south sides. Since the proposal is a corner lot as well as having frontage upon an alley the traffic circulation can be designed to have minimal impact upon the neighborhood. The design of the stand itself and the driveway should be such that it is compatible with the neighborhood and can be accomplished by the selection of appropriate materials and landscaping. Ordinance 5416 July 12, 2000 Page 3 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan is silent on the issue of having a commercial use otherwise allowed by the zoning code that is developed in conjunction with a single family home. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal as conditioned will meet 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 espresso stand needs to be appropriately conditioned in order to be harmonious with both the residential and commercial character of the area. The condition should ensure the use of quality building materials and landscaping features. 5. The proposal will not adversely affect the public infrastructure. CT -J.. C= The proposal needs to be properly conditioned in order not to cause an impact upon the traffic in the area. DECISION G For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is V" approval, subject to the following conditions: The exact location of the new driveway shall be as determined by the City Engineer's office. The City Engineer shall also determine the number, location and size of directional signs that ensures the traffic enters at the new "D" Street driveway and proceeds south through the property and then turns left at the alley. The alley, from at least the driveway to "D" Street, ---------------------- Ordinance 5416 July 12, 2000 Page 4 shall be required to be paved as determined by the City Engineer and consistent with city requirements. 2. The espresso stand shall have a pitched roof and shall be either a composition or wood shingle. The exterior siding shall be similar to design and material as the house. The east side of the espresso stand shall have at least one window which may be a walk up window. 3. The east lot line shall be landscaped in accordance with the landscape requirements of the C-1 zone. Landscaping, planters or other similar features shall be on the east side of the espresso stand to preclude parking and or driving on the east side of the stand. Provisions may be made and are encouraged for a walk up window on the east side of the stand. 4. The Planning Director shall approve the exterior building materials and the landscaping. This approval shall occur prior to the issuance of any permit for the project. 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 C Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a 4=9 Q� drive-through espresso stand on property zoned C-1 (Light Commercial) located at 410 West Main Street 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. ---------------------- Ordinance 5416 July 12, 2000 Page 5 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 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 5416 July 12, 2000 Page 6 m Q co C= Cn ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney PUBLISHED: 71d -11d -00-,;J Ordinance 5416 July 12, 2000 Page 7 INTRODUCED: July 17, 2000 PASSED: July 17, 2000 APPROVED: July 17, 2000 go CHARLES A. BOOT MAYOR Conditional Use Permit fo(-sing Examiner -Page 8 LEGAL DESCRIPTION OF PROPERTY Lots 1-2-3-4 Block 3 Code 0140 Milner ADD Exhibit "A" Drdinanoe No. 5416 C�j CV Cn C::> Cm Q Q C�4 t Ordinance 5416 Exhibit "A"