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ORDINANCE NO. 9~
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF SIX
DUPLEXES ON PROPERTY ZONED R-2 (SINGLE FAMILY) LOCATED AT 1108
3RD STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0008-95 dated June 19, 1995,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by DENNIS CLARK, requesting a
Conditional Use Permit to allow the construction of six
duplexes on property zoned R-2 (Single Family) located at 1108
3rd Street SE, within the City of Auburn, Washingtqn,
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 Auburn
the conclusion of which
approval of the issuance
the construction of six duplexes on property zoned R-2
City Hall, on September 24, 1996, at
the Hearing Examiner recommended the
of a Conditional Use Permit to allow
(Single
Ordinance No. 4915
October 15, 1996
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Family) located at 1108 3rd Street SE, within the City of
Auburn, Washington; and
WHEREAS, the City Council, on October 7, 1996, considered
said request and affirmed the Hearing Examiner's decision for
the issuance of a Conditional Use Permit to allow the
construction of six duplexes in a R-2 (Single Family) zone,
located on property situated at 1108 3rd Street SE, within the
City of Auburn, Washington, based upon the following Findings
of Fact and Conclusions, to-wit:
FINDINGS OF FACT
The owner/applicant, Dennis Clark, applies for a
conditional use permit. The applicant is requesting that
the subject property, which is 1.6 acres in size and is
located at 1108 3rd Street SE with its current R-3 zoning
be the site of a six duplex project. The R-3 zone allows
for more than one duplex to be constructed on a parcel of
land provided that the requirements for a conditional use
permit have been established and provided further that
each unit has at least 3,600 square feet of lot area.
There are two existing duplexes now on the property. The
parcel is 59,364.8 feet in area. Accordingly, the six
units proposed would require 57,600 square feet of lot
area.
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The proposed duplexes together with the existing duplexes
will be provided access by from a private driveway which
Ordinance No. 4915
October 15, 1996
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intersects with 3rd Street SE. The driveway is between
17 and 24 feet wide. There will also be emergency access
to the duplexes. Typically, emergency accesses are 20
feet wide. The duplexes can be accessed via a 17 foot
access provided that they are served by an automatic fire
sprinkler system approved by the Fire Marshall.
The applicant is proposing to construct the project in
two phases. The first phase of the project will be
accessed via a private driveway which ends approximately
430 feet from 3rd Street. During the second phase, six
additional dwelling units will be constructed.
Currently, the Comprehensive ~Plan identifies the
extension of an east-west arterial roadway through the
site. The future planned public street would follow the
alignment of 4th Street SE and would serve as site access
in the future, after development. According to the site
plan and legal descriptions which accompanied the
application, a 50 foot width right-of-way exists on the
western half of the site. The dedication of additional
right-of-way is required to increase the right-of-way to
60 feet within the western half of the site, and to
provide a full 60 foot right-of-way within the eastern
half of the site for construction of the arterial street.
This dedication is necessary to avoid cumulative adverse
impacts to traffic circulation. The space associated
with the 60 foot right-of-way has not been counted for
the minimum lot size requirement for the dwelling units.
The timing for construction of the off-site portion of
the road is undetermined since the City does not have
adequate right-of-way to complete the extension of 4th
Street SE from M Street SE to R Street SE. The future
arterial would consist of a City standard 44 foot wide
street within a 60 foot right-of-way. Right-of-way
previously secured for this road segment consists of both
50 and 60 foot widths, although the majority of right-of-
way is 60 feet wide in accordance with City standards.
Ordinance No. 4915
October 15, 1996
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Zonin9 and land uses in the vicinity include R-2, single
family, to the north; R-3, railroad tracks, to the south;
R-3, duplexes, to the east; and R-3, single family, to
the west.
The City issued a Mitigated Determination of Non-
Significance on January 19, 1996 containing a number of
conditions of approval addressing such issues as storm
drainage, erosion control, landscaping and emergency
access.
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The contents of the case file, CUP0008-95, and the
environmental file, SEP0030-95, are incorporated herein
by reference.
At the time of the public hearing, several residents in
the vicinity expressed concern about the development
which concern was related primarily to the width of the
right-of-way and traffic issues.
CONCLUSIONS OF LAW
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In order for a conditional use permit to be granted,
there are a number of criteria which must be established.
The first criteria is that the use will have no more of
an adverse effect on the health, safety, or comfort of
persons living or working in the area, and would be no
injurious, economically or otherwise, to property or
improvements in the surrounding area, than would any use
generally permitted in the district. The duplexes will
not have an adverse effect upon the area in that there is
adequate infrastructure to serve the duplexes, duplexes
are an established use in the area now, duplex uses are
consistent with the Comprehensive Plan, and the
conditions in the MDNS will mitigate any impacts.
Ordinance No. 4915
October 15, 1996
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The proposal in accordance with the goals, policies and
objectives of the Comprehensive Plan.
The proposal complies with all requirements of the Zoning
Ordinance.
The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character, and
appearance with the existin9 or intended character of the
general vicinity.
The proposal will not adversely effect the public
infrastructure.
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 the
construction of six duplexes on property zoned R-2 (Single
Family) located at 1108 3rd Street SE, within the City of
Auburn, County of King, State of Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Hearing Examiner's
of Fact and Conclusions, are herewith incorporated
Ordinance.
Findings
in this
Ordinance No. 4915
October 15, 1996
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~ A
to allow the construction of
R-2 (Single Family) located at
City of Auburn, County of King,
described as follows:
Conditional Use Permit is hereby approved
six duplexes on property zoned
1108 3rd Street SE, within the
State of Washington, legally
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 50 feet of the south 200
feet of said Lot 27 conveyed to the City
of Auburn for street purposes by deed
recorded under Auditor's File #6066547;
EXCEPT the north 180 feet of said Lot 28.
Sufficient right-of-way shall be dedicated to
a 60 foot wide arterial that extends the full
provide for
width of the lot. The exact alignment shall be approved by
the City Engineer. The applicant shall provide to the City
Engineer a Statutory Warranty Deed for the right-of-way. The
deed shall be recorded prior to occupancy of any new unit on
the parcel.
~_c~. Upon the passage,
this Ordinance as provided by law,
approval and publication of
the City Clerk of the City
Ordinance NO. 4915
October 15, 1996
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of Auburn shall cause this Ordinance to be recorded in the
office of the King County Auditor.
~k~_t~]l_~. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~ This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
Ordinance NO. 4915
October 15, 1996
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance NO. 4915
October 15, 1996
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