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Home My WebLink About5827? Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20040211001974 PRCZFZC NU TZT HZ$C 27.~0 PAGE~01 OF ~9 KZNG COUNTY, ~ RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Conditional Use Permit (ORD 5827) Reference Number(s) of Documents assigned or released: ['-]Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn GranteelAssigneelBeneficiary: (Last name first) 1. Clark, Dennis Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 27 and 28, East Auburn Acres [] Additional legal is on page _9 of document. Assessor's Property Tax Parcel/Account Number 264800-0137 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 8 2 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 15 UNITS IN 5 TRI-PLEX BUILDINGS LOCATED AT THE 1100 BLOCK OF 3RD STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. CUP03-0007 dated September 2, 2003, was submitted to the City of Auburn, Washington, by Dennis Clark, for a Conditional Use Permit for construction of 15 units in 5 tri-plex buildings on a 70,000 square foot lot located at 1 lXX 3rd Street SE, within the City of Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing thereon, along with staff review; and WHEREAS, the Hearing Examiner held a public hearing to consider said application in the Council Chambers of the Auburn City Hall, on December 16, 2003, and the Hearing Examiner recommended approval of the application on December 24, 2003; and WHEREAS, on January 5, 2004, the City Council and considered said application and approved the Hearing Examiner's recommendation for the issuance of a Conditional Use Permit for construction of 15 units in 5 tri-plex buildings on a 70,000 square foot lot on property located at the 1100 block of 3rd Street SE, within Ordinance 5827 January 14, 2004 Page I the City of Auburn, Washington, based Conclusions of Law and Decision, to-wit: upon the following to the east. Ordinance 5827 January 14, 2004 Page 2 Findings of Fact and FINDINGS OF FACT Dennis Clark has applied for a conditional use permit that would allow construction of 15 units in 5 tri-plex buildings on a 70,200 square foot lot. The subject property is partially developed with two duplex structures located at the northern limits of the site. modification of one of those remaining portions of the site. The proposal will require the structures to adequately develop the A conditional use permit is required when more than one (1) duplex structure per lot is proposed. Under the current proposal, the resultant density will be 1 unit for each 3,695 square feet of lot area, or approximately 11.8 units per acre. The 1:{-3 zone permits 1 dwelling unit for each 3,600 square feet of lot area. The proposal will result in a lot coverage percentage of approximately 24%. The applicant has requested the street vacation of an approximate 4,497 square foot portion of right-of-way (dedication for an extension of 4th Street SE). The City does not intend to extend 4th Street SE further The vacation request is in process. If the vacation is not o ° approved, the applicant will have an area of less than 66,000 square feet. The applicant must construct a driveway to serve the rear portions of the lot consistent with current standards. The driveway must be a minimum of 24-feet in width. The adjacent right-of-way width and development. A dedication of right-of-way is needed to ensure the adequate completion of 3rd Street SE to City standards. The completion of half-street improvements associated with the subject lot will be administered in accordance with Code requirements. The amount of area required for the dedication is approximately 450 square feet. An approved site plan is a component of conditional use permit approval, in accordance with Auburn City Code 18.64.030.C. The applicant's site plan is generally consistent with the Code requirements. The contents of the case file CUP03-0007 and case file SEP03-0036 for this project are hereby incorporated by reference and made part of the record of this hearing. At the time of the public hearing, there was no testimony in opposition to the proposal. Ordinance 5827 January 14, 2004 Page 3 CONCLUSIONS OF LAW The conditional use permit may be approved in that it is consistent with the following criteria necessary to grant permit as outlined in ACC Section 18.64.040. 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. It is not anticipated that the proposed expansion will cause any adverse effects to any of the adjoining uses. The nature and density of the proposal is consistent with adjacent lots and the anticipated density of the Zoning District. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed project is consistent with the Comprehensive Plan. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal is capable of complying with 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. Ordinance 5827 January 14, 2004 Page 4 o The proposal is consistent with the type of construction in the area and is not expected to alter the character of the lot or building in ways that would be inconsistent or inappropriate with the existing character development or uses in the immediate vicinity. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be affected by the proposal. DECISION For each of the above reasons, application for the Conditional use permit; the Hearing Examiner approved the WHEREAS, the City Council accepts the Findings, Conclusions and Decision referred to hereinabove. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. A Conditional Use Permit is hereby approved to allow for construction of 15 units in 5 tri-plex buildings on a 70,000 square foot lot, subject to the conditions set forth above, on property located at the 1100 block of 3rd Street SE, in the City of Auburn, County of King, State of Washington, and as identified hereinabove. Ordinance 5827 January 14, 2004 Page 5 Section2. ADMINISTRATIVE AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. 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. Recording. 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. 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 5827 January 14, 2004 Page 6 INTRODUCED: PASSED: JAN 2 ~0 2004 JAN ,~ 0 2004 APPROV · J.~N-~004 PETER B. LEWIS MAYOR ATTEST: Da~ielle E. Daskam City Clerk PUBLISHED: Ordinance 5827 January 14, 2004 Page 7 LOTS 27 & 28, EAST AUBURN ACRES, ACCORDING TO THE PLAT RECORDED IN VOLUME' 14 OF PLATS, PAGE 41, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH-180 FEET OF SAID LOT 28L EXCEPT THE NORTH 50 FEET OFTHE SOUTH 200 FEET OF SAID LOT 27 AS CONVEYED TO THE'CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 6066547. Exhibit A Ordinance No. 5827