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OCT 17 2000
CITY OF AUBURN
CITY CLERKS OFFICE
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20000921000343
PACIFIC NW TIT CORD 17.00
09121//2900F09:31
KING COUNTY, WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein): i0//7
1. ORDINANCE NO. 5417 (CUP00-0002) rAIA17—G 6-T-3-T
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)
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Grantee: (Last name first)
1. jV1,70Pty AA D.)
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Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SW 19-21-05
® Additional legal is on page 9 & 10 of the document.
Assessor's Property Tax Parcel/Account Number: MW dooument(s) were filed for
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ORDINANCE NO. 5 41 7
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING
FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF
THREE DUPLEX UNITS (FOR A TOTAL OF SIX DWELLING UNITS) ON
PROPERTY IN THE R-3 (DUPLEX RESIDENTIAL DISTRICT) LOCATED AT
2121 "D" STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP00-0002 dated April 4, 2000 was
submitted to the City of Auburn, Washington, by Jeff Woodward and Jim Cox
for a Conditional Use Permit to allow construction of three duplex units (for a
total of six dwelling units) in the R-3, (Duplex Residential District), located at
2121 "D" Street SE, 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 June 20, 2000 at the conclusion of which the Hearing Examiner
recommended the approval of the issuance of a Conditional Use Permit to
allow construction of three duplex units (for a total of six dwelling units) on
Ordinance 5417
July12, 2000
Page 1
property zoned R-3 (Duplex Residential District) located at 2121 "D" Street SE,
within the City of Auburn, Washington; and
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 construction of three duplex units (for a total of six
dwelling units) on property zoned R-3 (Duplex Residential District) located at
2121 "D" Street SE, 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. Jeff Woodward and James Cox have applied for a conditional use permit
that would allow them to construct three duplex units (for a total of six
dwelling units) on a single parcel of land, 26,860 square foot in size, located
at 2121 "D" Street SE. The property is currently zoned R-3, Duplex
Residential District.
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2. The R-3 Duplex Residential District, under the provisions of Section
18.16.030(C) of the Auburn City Code, allows for more than one duplex to
s; be constructed on a single lot if a conditional use permit is issued. The R-3
zone, under the provisions of Section 18.16.040(C), requires a minimum lot
area per dwelling unit of 3,600 square foot. In the subject case 21,600
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square feet of lot area is required and 26,680 square feet is provided.
3. The subject parcel is currently developed as a single-family residential lot
with an existing mobile home located proximate to "D" Street SE. The
proposal includes the removal of the existing structure.
4. In accordance with Fire Department access requirements, the site plan
submitted in support of this conditional use permit application illustrates that
a 65 -foot radius fire turn around is capable of being provided on-site.
Ordinance 5417
July 12, 2000
Page 2
5. The subject parcel is located in a block that does contain a mix of other
residential uses. Apartment complexes are located to the east and
southwest of the subject parcel. Single family homes are located to the
north and south of the subject parcel.
6. The site plan illustrates that parking spaces for each dwelling unit will be
provided by a one car garage and an adjacent uncovered parking stall
proximate to each unit. Each unit will have 3 bedrooms and the 12 parking
spaces satisfies the zoning code requirements. Additional guest parking
stalls will also be provided on-site.
7. On-site storm water management facilities to treat on-site run-off generated
by the new impervious surface generated by the proposal will be designed
to met the small site requirements of the City's Design and Construction
Standards manual. Other improvements including, but not limited to street
improvements, if required, will be provided in accordance with other
existing codes and ordinances of the City.
8. The existing 6 -inch waterline in "D" Street SE does not meet current City
standards, and may require improvements in order to provide water
Cn pressure that is adequate for minimum fire flow protection.
CIO ; 9. The contents of the case file, CUP00-0002, and the environmental
Q checklist application, SEP00-0018, for this project are hereby incorporated
by reference and made part of the record of this hearing.
CONCLUSIONS OF LAW
CD The undersigned has concluded that the conditional use permit may be
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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.
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.
Ordinance 5417
July 12, 2000
Page 3
Having multiple dwelling units on a single lot will not be an adverse effect
upon the area. The proper number of parking spaces will be provided and
the proposal meets all other applicable development standards of the City
Code. Multiple dwelling units are allowed immediately east of the subject
parcel in the adjacent R-4 Multiple Family Residential District.
2. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan.
The Comprehensive Land Use Plan map illustrates the area to be
appropriate for moderate density residential uses which the R-3 Duplex
Residential District implements. Moderate density residential areas are
planned to accommodate moderate densities of varying residential types,
with a range of 6-10 dwelling units per acre. The current proposal provides
approximately 9.7 units per acre.
The provisions of Auburn City Code require that 3,600 square foot of lot
area be provided for each dwelling unit. Under the current proposal,
approximately 4,476 square foot of lot area is provided for each unit.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal complies or is capable of complying with the Zoning
o Ordinance.
4. The proposal can be constructed and maintained so as to be harmonious
a and appropriate in design, character, and appearance with the existing or
intended character of the general vicinity.
The proposal will maintain the residential character that is reflective of the
existing character of the area.
5. The proposal will not adversely affect the public infrastructure.
The requirements of other City codes will ensure that the public
infrastructure will not be adversely affected.
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Ordinance 5417
July 12, 2000
Page 4
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, subject to the following conditions:
1. The applicant shall provide a six-foot sight obscuring wood fence along the
property lines adjacent to the single family homes to the south and
northeast of the subject parcel to visually separate the paved areas
associated with the proposal from the adjacent single-family uses.
2. As proposed by the applicant, a five-foot width of Type III landscaping shall
be provided at the "D" Street SE street frontage.
3. Prior to the issuance of building permits, the applicant shall demonstrate to
the satisfaction of the City Engineer that adequate water pressure for
minimum fire flow will be provided.
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.
CD
C Section 2. A Conditional Use Permit is hereby approved to allow for
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construction of three duplex units (for a total of six dwelling units) on a single
parcel of land on property zoned R-3 (Duplex Residential District) located at
2121 "D" Street SE and identified on Exhibit "A" attached hereto and
Ordinance 5417
July 12, 2000
Page 5
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
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.
C" 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.
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Ordinance 5417
July 12, 2000
Page 6
INTRODUCED: July 17, 2000
PASSED: July 17, 2000
APPROVED: July 17, 2000
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CHARLES A. BOOTH
MAYOR
ATTEST:
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Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
C14 - Michael J. Reynolds
City Attorney
PUBLISHED: '7 dt a ,4�
Ordinance 5417
July 12, 2000
Page 7
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LEGAL DESCRIPTION OF PROPERTY
LOT C, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA -0005-96, RECORDED
UNDER RECORDING NUMBER 9603250845, BEING A PORTION OF LOTSI THROUGH 3,
CITY OF AUBURN SHORT PLAT NUMBER SP -11-77, RECODED UNDER RECORDING
NUMBER 7708160664 AND REVISED UNDER RECORDING NUMBER 7910300794, ALL
LYING WITHIN A PORTION OF TRACT 1, TRUESEN'S FIRST ADDITION, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 29 OF PLATS, PAGE(S) 46, IN KING
COUNTY, WASHINGTON.
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