HomeMy WebLinkAboutVAR09-0001
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Agenda Subjec#: Public Hearing Applicatfon No. VAR09-0009 Date:
71/9/2009
Department: Planning, Attachments: Please refer to Exhibit Budget Impact: NA
Building, and Community List
Administrative Recommendation:
Hearing Examiner ta deny the requested Variance based upon the Findings of Fact and Conclusians
Conditions as outlined.
Back4round Summa[y:
OWNER/APPLICANT: Terrance and Jacqueline Stuefen
REQUEST: Variance request to a[law a shed two (2) feet from the rear property iine.
The required rear setback for a detached structure in the R-10 zone is five
(5) feet. 7he shed is currentiy attached to the north wall of a detached
garage that is five (5) feet from the rear property line.
LOCATION: 221 'f 3th Street SE
Auburn, WA 98002
parce! Number 8581400495
EX[STING ZONING: R-10 - Residentiat. Zone -10 Dwel[ing Units per Acre.
EXlSTiiVG LAND USE: Primary use of the fot is a singfe family residence; back yard features a
detached garage, a deck, and a patio area.
COMPREHENSIVE PLAN
DESIGNATION: Moderate Density Residentia!
SEPA STATUS: Exempt
Revlewed by Cauncil & CommilEees: Reviewed by Departmenls & Divisions:
❑ Arts Commission COUNCII. COMMiTTE£S: 0 8uilding ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
0 Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ED Fire ~ P]anning
❑ Park Board ❑ PubEic Works ❑ legal ❑ Police
❑ Planning Gomm. ❑ Other 0 PublicWorks ❑ Fluman Resources
Action:
Committee Approval: []Yes ONo
Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Unti1
Tabled Until
Councilmerrtber: Staff: Wa ner
Meetin Date: November 18, 2009 Item Number:
AUBUR.N*MC}RE THAN YOU 1MAGINED
Agenda Subjec# Public Hearing VAR09-0001 Date:
11/9/2009
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are:
, .
CompCehens,tve. . Zoning ; i.and Use.:
Plan.
,
Site Moderate.Density R-10 Residential Single Fami[y Home
• Residential Zone
Norfh Moderate Density R-10 Residential Single Famiiy Home
Residential zone
South Moderate Density R-10 Residential Singie Famiiy Home
Residential Zone
East Moderate Density R-10 Residential Sing[e Family hfome
Residential Zone
West Moderate Density R-10 Residential Single Family Home
Residential Zone
EXHIBIT LIST
Exhibit 1 Staff Repart
Exhibit 2 Vicinity Map
Exhibit 3 Application
Exhibit 4 Notice of Application and Public Hearing
Exhibit 5 Affidavit of Pasting
Exhibit 6 Affidavit of Mailing
Exhibit 7 Confirmation of Publication of Legal Notice
Exhibit 8 Photographs taken by staff
FINDlNGS 4F FACT:
1 . Terrance and Jac ueline Stuefen (!~rop erty owners), have applied for a Variance to aIlow a 3 foot
q
by 20 foot shed with a twa (2) foot rear yard setback.
2. The Variance request is the resuft of an activs code enforcement case on the property, VI009-
0355. The shed was inspecfed by a code enfarcement officer on Apri1 13, 2009 where it was
determined that a setback violation had occurred.
3. Accarding to King County Assessor's records, fhe property is 8,925 sq. ft. in size and is general[y
square in shape. The existing home is locafed in the middle of the lot, with a detached garage in
the northeastern portion of the lot. The shed is currently attached to the nocth wall of a detached
garage. The property abuts a public alleyway between 12th Ave SE and 13Ih Ave SE.
4. According to the applicant, the shed was located behind the garage because other areas of the
lot were already in use. A landscaped yard, driveway, patio, and deck are listed as the uses
already in existence.
5. 7he shed is not permanent in nature. There is no floar. The shed is meant #o store patio furniture
during the winter months.
6. 7he R-10 zone district requires a minimum 5 foot rear yard setback for all detached structures per
Auburn Cify Code (ACC) 18.07.030 - Residential Zone Development Standards. The shed
complies wifh all other setback requirements.
Page 2 of 5
Agenda Subject Public Hearing VAR09-0001 Date:
11 /9/2009
7. Staff conducted a site visit on October 28, 2009 to verify the accuracy of the site plan and site
conditions.
8. During a site visit staff discovered several detached accessory structures in the alieyway befween
12th Ave SE and 13"' Ave SE fhat were within in the required rear yard setback. fmmediately
across the alfeyway fram the shed in question is a detached garage located within the rear
setback. •
9. The structure is not out of scale with the primary structure on the lot, the size of the la#, nor the
neighborhood.
10. The public hearing notice was published on 10/20/09 in the Seattle Times at least 10 days prior to
the hearing date as required by ACC 18.70.040.
11. The subject site was posted with a land use notice sign and notification of the public hearing sent
to property owners within 300 feet of the property pursuant to ACC 14.07.040.
12. No comments were received by the City prior to the writing of this report. Any comments
submitted after the publishing of this report will be presented at the hearing.
13. 7he case fite (VAR09-0001 ) and its contents are hereby incorporated by reference.
CONCLUS[ONS:
Staff has concfuded that the requested variance should not be approved. The applicant has not met the
burden of proof in demonsfrating that it is cansistent with all of the foilowing criteria necessary to grant the
variances as auflined in Auburn City Code Section 18.70.010(A)(1) through (10).
An anaiysis of fhe application supporting the variance criteria follows.
1. That there are unique physical conditions Including narrowness or shallowness of !ot size or
shape, or exceptional topographical or other physical conditions peculiar Ea and inherent In
the particular lot; and that, as a result of such unique phys[cal canditions, practical dlfficultfes
or unnecessary hardships arise in complying with provisions of the Zoning Ordinance.
Comment
The lot in question is not unique in terms of size or topography or in relation to other lots in the area.
The subject site is relatively flat as are adjacent properties. Other configuratians may be possible to
accommodate the shed without necessitating a variance, such as placement on the western facing
wall of the detached garage or within the rear yard, outside of the required rear se#back,
2. That, because of such physical conditions, the development of the lot in strict conformity with
the provisions of the Zoning Qrdinance wifl not allow a reasonable and harmontous use of
such lot.
Comment
Staff has visited the site and found that no unique physical conditions exist on the Iot that would
place constraints on where a shed could be located. Further the property owner's rear yard contains
Page 3 of 5
Agenda Subject Public Hearing VAR09-0001 Date: 11/9/2009
other potentiaf locations for a shed that would avoid the need for a varianee. Deveiopment of the lot
with strict conformity to the R-'i 0 Zoning District setback pravisians would allow a reasonable and
harmonious use of the !ot in questian.
3. That the vartance, if granted, will not alter the character of the neighborhaod, or be
detrimentai to surrounciing praperfies in which the tot is located. Fnr nonconfarming single-
family homes, this finding is determined to be met if the features of the proposed variance
are consistent with other comparable features within 500 feet of the proposal.
Comment
The variance, if granted, wiil not a(ter the character of the neighborhood or be detrimental to the
surrounding properties. The shed is canstructed wikh the same materials as fhe existing garage and
is located within the confines of the property owner's fence, therefore can be viewed as a small
addition. 7here are nearby praperties along 13th Street SE that have simiiar structures within and
outside the required rear yard setbacks, sa this proposal will not alter the character of the
neighborhood.
4. That the special circumstances and conditions associated with the variance are not a result of
the actians of the applicant or prevEous owners.
Comment
The variance request is created by a desire to have the existing shed remain as canstructed within
the required 5 foot rear yard sefbaclc. 7herefore the special circumstances and condit+ons were
direct[y made by fhe appkicant.
5. Literal interpretation of the provislons of the Zoning Code would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district.
Comment
A shed is a common accessory structure in a residential zone. Staff observed sheds and detached
garages alang the alleyway behind 13'h St SE. Some properties had these structures within the
required rear yard setback, but most were properly setback from the aEfeyway. The property in
quesfion was found to contain alternative sites for a shed that would avoid the need for a variance.
As such fhe literal in#erpretation of zoning code provisions would not deprive the applicant of rights
commonly enjayed by other properties in the same zoning district.
6. The approval of the varlance wili be consistent with the purpose of fhe 2oning Code and the
zoning dlstrict in which the praperty Is located,
Comment
The stated purposes of the Zoning Code can be found in ACC 18.02.030. Purposes applicabfe to
this proposal include providing for "essentiai fight, air, privacy and open space." Further The R-10
zoning district estabtishes minimum !at areas, yards and open spaces in order to meet the stated
purpose identified abflve. The five (5) foot required rear setback of the R-90 zoning district provides
for access, safety, and hefps maintain a desirable living environment. If the shed were to remain
within the required rear setback it wauid not be consistent with the purpose of the Zoning Code and
the zoning district in which the property is located.
Page 4 of 5
Aqenda Subiect Public Nearing VAR09-0001 Date:
1'i/9/2009
7. The variance will not allow an increase En the number of dwelling units permitted by the
zoning district.
Comment
Not applicable. No dwelling units are proposed.
8. The auFharization of such variance wlll not adversely affect the Comprehensive Ptan.
Comment
The Comprehensive Plan wilf not be adversely affected.
9. The variance shall not allow a Iand use that is not permitted under the zoning district in
which the property is located.
Comment
The variance wauld not allow a land use not permitted in the R10 zoning district. Accessory
s#ructures such as sheds and detached garages are permitted in the R90 zone.
10. The variance shall not change any regulations or conditions established by surface mining
permits, conditionat use permits or contract rezanes authorized by the City Cauncil.
Commen
There are no other regulations or conditions that apply.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of fhe staff report, Staff recommends
the requested variance be denied.
Staff reserves the right to suppfement fhe record of the case to respond to matters and informatian raised
subsequent to the writing of this report.
Page 5 of 5
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CI'1'Y OF
WASHING'I'ON P[!!Il/tlllg, Bllll(itilg, lII1lI COfftNTllllllf) DBjIQi'tJ)1C'.il/
MASTER LAND USEAPPLICATION-PLANNINGAPPLICATIONS
Project Name N/A Date 5-8-2009
Parcel No(s) 26-28 SiteAddress221 13th St SE, Auburn 98Q
Legal Description (attached sepai•ate slieet ifnecessary) 26-27 6 Terminal Park Add to Auburn
Iess E 5' of 26 and all 27 & E 10' of 28
Applicant
Name: Terrance and Jacqueline Stuefen
Mailing Address:221 13 St SE Auburn WA 98002
Telephone and Fax: 253-735-0186
Email: c_qu422-12(@msn.co
.
Si nature:
Owner (if mo►-e than one attac anotlie heet)
Name: Terrance and Jacqueline Stuefen
Mailing Address: Same as above
Telephone and Fax:
EmaiL CA~ ni
Si nature:
cr) -D ri i
Engineer/Architecture/Other
'1r r:i
Name:
Mailing Address:
Telephone and Fax: t ~ y
Email:
Description ofProposed Action: CJI
Use 3' of the north 5' set back for shed to store patio furniture.
co ~
T e of A licatiou Re uired Check all that A 1 Administrative Appeal* Rezone (site specific)* Area Wide
Administrative Use Permit* Short Plat
Annexation* Special Exception*
Boundary Line Adjustment Special Home Occupation Pennit*
Comprehensive Plan Amendment (Text or Map)* Substantial Shoreline Development*
Conditional Use Permit* Surface Mining Pennit*
Critical Areas Variance* Temporary Use Permit
Development Agreement* ✓ Variance*
Environmental Review (SEPA)* *Please note that public notification is
Final Plat required. A separate cost is charged
Preliminary Plat* for the signs. City prepares signs but
PUD Site Plan Approval applicant responsible for sign posting.
Reasonable Use Exce tion*
Page 1 of 2
AUBURN * MURL THAN 1'UU If\4;\v1N1l:D
ul Embit 3-.~
1vamber of Pagcs
City Of Auburn
Planning, Building and Community Department
City Hall, 25 West Main St.
Auburn WA 98002
May 8, 2009
Dear Sir or Madam:
This ietter is to ask for variance on our property located at 221 13"' St SE, Auburn WA
98002. We are asking ta be allowed to keep the 3' by 20' shed we built adjacelrt to the
north wall af our garage on the S' set back.
We Iacated the slied in #his area because we have no ather area on our lot that is not
atready in use as yard, driveway, patio ar deck. The stzttctut•e is not permanent; it does
not open in aiiyway to the garage. It does not have a flaor vr a south wall. We use the
shed only to store patio fiurniture during the winter months.
We constructed tlie shed out of the same materials as our garage so that it would blend in
and not adversely impact the neighbaxhood. No part of the shed impacts in any way, the
alley or anyone else's property. We made sure that all of the shed {including the roo fl fit
wi#hin the confines of our fence, which is an our property line.
Most of the stiuctures on #he alley between 12`1' St SE and 13"' St SE are built on propeity
lines. One o#'which was built just last year.
Sincerely,
~ .
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Terrance and cqueline Stue en Date
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A- u B u r~ r.i WA.
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CITY OF * *
N-% -w -TM
Pe#er B. Lewis, Mayor
At i
; WAS H I N GTO N 25 West Main Sireet * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
NOTICE OF APPLICATIC?IV
&
PUBLIC HEARlNG
PUBLIC HEARING; NOVEMBER 18, 2009 at 5:30 PM
COUNCIL CHAMBERS, AUBURN CiTY HALL
APPL(CATION REQUES7ED: A variance from the required rear setback for a defached
structure in the R-10 zone, from five (5) feet to fwo {2} feet.
APPLICATION NUMBER & NAME: . VAR 09-0001 / Sfuefen Variance
ApPLtCANT: Terrance and Jacqueline Stuefen
221 13fh Street SE
Auburn, WA 98002
PROPERTY LOCATION: The property is at 221 13th Streef SE. The site is withirt Seciion
19, Township 21 North, Range 0East, W.M. King County,
. Washington. Parcel Number 8581400495
DESCRIPTION OF PROPOSAL: A variance request fa ailaw a shed fo be two (2) feet away from fhe rear
property line. The required rear setback for a defached sfructure in the R-10 zone is five (5) feet. The shed
is currently aitached to the north wal( of a detached garage fhat is five (5) feet from the rear property Iine.
AUBURN PB&C CONTAGT: APPLICATION F1LED: September 2, 2009
Stuart Wagner, Planner COMPLE7E APPLICATfON: September 25, 2009
swagner@auburnwa.gov N4TICE OF APPLICATION: October 20, 2009
253-804-5039
STUDIES SUBMITTED W1TH APPLtCA70N: None.
OTHER PERMfTS AND PLANS WHICH MAY BE REQUIRED: None
STATEMENT OF CONSIS7ENCY AND I.IST OF APPLICABLE DEVELOPMENT REGULATIONS; This
project is subject to and shall be consis#ent with the City of Auburn Zoning Code, Surface and Stormwater
Management Ordinance, Streef Standards, Internatianal Building Code and Internationaf Fire Code.
For citizens with speech, sight or hearing disabilities wishing to review documents perfaining to this hearing,
shou[d contact the City of Auburn within 10 calendar days prior to the meeting, as to the type af service or
equipment needed. Each request will be considered individually according #o the fype of request, the
avaiiabi#ity of resources, and the financial abilify of the Cify to provide the requested services ar equipment.
You are invited to express comments up until and at the public hearing. Written camments may be
submitted to Stuar# Wagner, Pianner, Planning, Building, and Community Department, 25 West Main Street,
Auburn, WA 98001-4998 orvia email at swagnerCcD-auburnwa.gov.
lf you have further comments or questions related #o this application, you may call Stuart Wagner, Planner, Planning and Cammunity Development Department at swagner(7auburnwa.gov or at 253-804-5031. If yau call or wrife, please reference fhe application number nated abave.
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Ntaml~~~' O£Pati~
AUBURN* MORE THAN YOU IM/1G1NED
• - ' M1
CITYOF
A V.-.
URN
WASHINGTON
AFFIDAVtT OF P4STING
NOTICE OF APPLICAT[ON and/or NOTICE OF HEARING
Application No.: VAR09-0001
Applicant: Terrance and Jacqueline Stuefen
Location of Posting - Boarcf # 1:
Required Date of Posting Notice on or before: 10120109
Date of Public Hearing (If appficable):
I certify that on 1 did erect tha land use posting notice
board(s) at the location(s) above, which included a
Notice of Application, posted within 14 days after the application was determined
compfete (ACC 14.07.020) and pasted a minimum of 15 days prior fa a scheduled open
hearing per 14.07.030 {if applicabfe},
, And/4r,
Notice of Public Hearing, posted a minimum of 10 days prior to a scheduled open
hearing ACC18.66.110 and ACC18.66.130.
I daclare under penalty of perjury of the laws af the State of Washingfon that the
foregoing is true and correct.
f e4"rGt, h e_e.. & J h4,t~~ ~d P7, o47
Name (please print or type) Dafe
/0-/P' 0 r
Alw~__
Signafure
NQTE: 7his affidavit musf he refurned fa the Planning, Building and Cornmunify Department
within ane week of fhe nofice date fo assure this application does not contrnue on hold and to
assure fhat a scheduled hearing is not posfponed ACC 9.27.070.
Pfanning, Buifding & Community
25 Wesf Main Sireet, Auburn, WA 98001
(253) 931-3090
www.auburnwa.gov
BMW
G:1StuartlProjects\VAR09-000114Posiing A{ftdavit for NOA NOH by Applicanl VAR09_0001.doc
5/41/03
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At`
` - - WASHINGTON
AFFIDAVIT OF MAILlNG
NOTICE OF APPLtCATION and/or NOTICE OF HEARING
Applicatton No.: VAR09-0001
Applicant: Terrance and Jacqueline Stuefen
Location: 221 13t" St SE Parcel # 8581400495
Da#e of Notice of Applicafion: October 20, 2009
Date of Notice of Public Hearing: October 20, 2009
Date of Hearing: November 18, 2009
I certify that on 10/20/09 [ sent the:
Natice nf Application, (within 14 days after the application was determined complete
ACC 14.07.020 and a minimum of 15 days prior to a scheduled open hearing per
ACC1 4.07.030),
And/Or,
Notice of Pubfic Hearing, (a minimum of 10 days prior to a scheduled open hearing ACC
18.66.110 and 130).
The notice for #he above re#erencecf application was mailed to all property owners iocated within
300 feet af the Subject Praperty. Said Notice was mailed pre-paid stamped through the United
States Postal Service.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
r
;
Darcie Hansan, Permif Center Manager
Pfanning, Bpilding & Commanity
25 West Main Street, Auburn, WA 98001
(253) 931-3090
www.auburnwa.aov ~
G:1StuarilPro~ects\VAR09-U0011"~Aai11 Aifdavit NOA and NOPH - Radius.OQC
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seattletimes.com C17y aFAUBUffi
PO Box 70, Seattle, WA 98111 C' I'fY 01 FpKS ()FF'()r
AUBURN CITY 4F-FINANCE DEPT
ATTN CITY CLERK
25 WEST MAIN
AUBURN, WA 98001
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Re: Advertiser Account #30785204 C_>
Ad 784480400
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Affidavit of Pub[ication
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STATE OF WASHINGTON
Countiss of King and Snohomish N ~
The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company, publisher of The Seaftle Times of generaf circulaiion pubiished daily in King and Snohomish Counties, State of
Washingfon. The Seattle Times has been approved as a legal newspaper by orders of the Superior Court of
King and Snohomish Counties.
The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and
distributed to its subscribers during ail of the said period.
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Re Advertiser Account #30785204 Ad # 784480400 CI
Ad TEXT:PUgLIC HEAqING: and Stormwater
Management Ordtnance, Sireet
NOVEMBEFi 18, 2009 at 5:30 PM Standards,
lnternattonai Buliding Cade and
COUNCII. CHAMBERS, tnternatianai
AtlSURiV CiTY HALL Ffre Code. For citizens with
spaech, sight or
APPLICATION REQUESTED: hearing dEsabllHies wishing to
A variance from the requlred revtew documents
rear setbaak for a pertaining to ihis hearing,
detached structure in the H•10 should contact ihe
zone, from ffve Cify of Auburn wfthtn fo
(5) feet to two (2) feet. catendar days prtor to
APPLiCATION NUMBER & the mseting, as to the type of
NAME: service or
VAR 09•0001/ Stuefen Varlance equfpment needed. Each
APPLICANT: Terrance and reguest will be
Jacqueitne Stuefen considered Individually
221 13th StreeE SE according to the typs of
Auburn, WA 88U02 requeat, tha avaifabiliiy of
resources, and the
PROPERTY LOCATION: financiaE abliity of ihe City to
The properiy Is at 221 13th provide the
Street SE. The slle requesied services or
fs wHhin Sectlon 19, Township equlpment.
27 Norlh, Hange o
East, W.M. King Gounty, You are invlEed to express
Washington. Percel commenls up until and
Number 8581400495 at the public hearing. Written •
DESCRIP'F[ON OF PROPOSAL: comments may be
A varlance request to submllted to Siuart Wagner,
allow a sAed to be two (2) teet Planner, Planning,
away [rom tha Sullding, and Community
rear property Iine. The required Department, 25 West Mafn
rear setback Street, Auburn, WA 98001-4998
for a detached structure in the or vFa emefil at
R•10 zone Is swagner@auburnwa.gov,
five (5) teet. Tha shed is If you have further comments or
currently atfached io quesilons .
the north wali of a detached relateH to this appiication, yau
garage that Is tlve may catl Stuart
(5) feet from the rear propetty Wagner, Piennar, Planning and
1ine. Community
AUBURN PB&C CON7AC7: development I]epariment at
APPLICATION FILED: swegner@auburnwa.gov
Sepiember 2, 2009 or at 253-804-5031. If you call
Stuart Wagner, Planner or vvrite, piease
GOMPEBTE APPLICA710N: reference the eppticatfon
September 25, 2009 number noted above.
swagner@aubvrnwe.gov 253-
804-5031 City ot Auburn
NOTICE OF APPLICATION: planning, Building and
Octo6er 28, 2009 Community Departmenk
STUDIES 3UBMITTED WITH 25 West Main Street
APPLICA70N: None OTHEH Auburn, WA 98001- 4398
PERMITS AND PLANS WHICk! 253-931-3090
MAY BE RHQUIRED: None
STATEMENT OF CONSI$TENCY
AND LIST OF APPLICA6LE
DEVELOPMENT
REGULATIONS: 7his project is
sub(ect
to and shall be consistent with
#he City ot
Aubarn Zoning Code, Surface
VAR09-0001
Photographs Taken by Staff -10/28/Q9
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11 /9/2009
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Photographs Taken by Staff -10/28/09
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Image 6: View of rear yard.
11/9/2009