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HomeMy WebLinkAbout5736Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20030714002719 PACZFXC NU TIT CORD 2e.ee PAGE e0X OF ee8 eT/t4/2ee3 15:2t KZNG COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Conditional Use Permit (ORD 5736) Reference Number(s) of Documents assigned or released: [--IAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. Coddington, Kenneth Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) W 22.6 feet of Lot 18 and E 52.4 feet of S 180.94 feet of Lot 17, Block B French's [] Additional legal is on page 8 of document. Assessor's Property Tax Parcel/Account Number 264800-0137 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 7 3 6 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A MULTIFAMILY STRUCTURE (TRIPLEX) ON PROPERTY ZONED R-3 TWO-FAMILY (DUPLEX RESIDENTIAL DISTRICT), LOCATED AT THE NORTH SIDE OF 4TM STREET NE APPROXIMATELY 90 FEET WEST OF M STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP02-0004 dated November 18, 2002 was submitted to the City of Auburn, Washington, by Kenneth Coddington, for a Conditional Use Permit for a multifamily structure (Triplex) on property zoned R-3 Two-Family (Duplex Residential District), located at the North side of 4th Street NE approximately 90 feet West of M 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 December 17, 2002 and the Hearing Examiner recommended approval of the application on January 16, 2003. O~inance 5736 January 28,2003 Page 1 WHEREAS, the City Council, on January 21, 2003, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit for a multifamily structure (Triplex) on property zoned R-3 Two-Family (Duplex Residential District), on property located at the North side of 4th Street NE approximately 90 feet West of M 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 Kenneth Coddington, the property owner, has applied for a conditional use permit that would allow a multifamily structure (triplex) on the north side of 4th Street NE, approximately 90 feet west of M Street NE. The property, approximately 13,600 square feet, is currently zoned R3, Two-Family (Duplex) Residential. The R3, Two-Family (Duplex) Residential zone, under the provisions of Section 18.16.030(G) of the Auburn City Code, allows for multifamily uses if a conditional use permit is issued, and provided that 3,600 square feet of lot area is provided for each dwelling unit. The applicant has indicated that the proposed project will include construction of an approximate 3,350 square foot, two-story triplex. Each unit is proposed to include a two-car garage and driveway. 4. The contents of the case file, CUP02-0004, for this project are hereby incorporated by reference and made part of the record of this hearing. O~inance 5736 January 28,2003 Page 2 CONCLUSIONS OF LAW The undersigned Hearing Examiner has concluded 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, subject to Conditions, below. 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 use will have any more adverse effects than an outright permitted use such as a two-family dwelling unit would have upon the neighborhood. The lot is large and exceeds the required per-dwelling lot size. The immediate area supports a mixture of single-family, multi-family, and non- residential uses. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Land Use Plan designation for the area is "moderate density residential." Policy LU-34 states that moderate density units shall be encouraged as a buffer between single family areas and more intense uses. The site in question is located between property to the east that is zoned RO, Office Residential (on an arterial) and a single-family use to the west. 3. The proposal complies with all requirements of the Zoning Ordinance. The The with proposal complies or is capable of complying with the Zoning Ordinance. proposal, as submitted, meets the requirements of the Zoning Ordinance respect to lot size, required setbacks, lot coverage, and required parking. 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 5736 January 28, 2003 Page 3 The proposed structure will comply with all current regulations for building permits. If conditioned as identified below, the proposal will also comply with requirements for landscaping and screening, set forth in the Zoning Ordinance, and building design, to ensure compatibility with surrounding uses. 5. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be affected by the proposal. The applicant will be required to extend and construct the appropriate city utilities in accordance with current City of Auburn Standards. DECISION Based upon the record and file and the evidence elicited at the public hearing, the Hearing Examiner hereby recommends to the City Council approval of the conditional use permit application subject to the following conditions: Because the total building length is approximately 114 feet on the west facade, architectural design features shall be integrated into the westerly building facade to reduce the perception of the building's bulk and mass. Building modulation and articulation, varied color schemes, arrangement of the facade elements such as windows, trim, changes in roof pitch or alignment, and changes in construction materials may be used to avoid monotony in building design. Westerly building elevation drawings shall be submitted to the Planning and Community Development Department in conjunction with the building permit application for review and approval by the Planning Director. In accordance with Auburn City Code Section 18.64.060, the conditional use permit shall be implemented within two years of the approval. If a building permit or occupancy permit has not been issued within the two-year period then the conditional use permit shall be null and void. Ordinance 5736 January 28, 2003 Page 4 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 multifamily structure (Triplex) on property zoned R-3 Two-Family (Duplex Residential District) on property located at the North side of 4th Street NE approximately 90 feet West of M 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 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Recordinq. 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. O~inance 5736 Janua~ 28,2003 Page 5 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. FEB 3 2.003 INTRODUCED: FEB 8 2003 PASSED: APPROVED: FEB ~, 2003 PETER B. LEWIS MAYOR ATTEST: D~ielle E. Daskam City Clerk APPROVED AS TO FORM: Ordinance 5736 ,January 28, 2003 Page 6 ~ l~rloN o~ PROPERTY · THE WEST 22.6 FEET OF LOT 18 AND THE F_..ASTS2.4 FEET OF THE SOUTH 180.94 FEET OF LOT 17, BLOCK B, FRENCW$ ADDITION TO THE TOWN OF SLAi. K}[--fT~R. ACCORDING TO THE PLAN THEREOF RE~ORDED IN VOLUME $ OF PLATS, PAGE(S) 53, I~ ~ COUNTY, WASHfNGTON, Ordinance 5736 Exhibit "A"