Loading...
HomeMy WebLinkAbout6053 c_ z Return Address: 6()01830 Auburn Gity Clerk 2~~~020 ,~.00 oR° w T=T Gity of Auburn PacIF=c N fOF 25 West Main St. 02G~s is ss KING COUNTYWA Aubum; WA 98001 RECORDER'S COVER SHEET . Document Title(s) (or transactions contained therein): Variance (Ordinance No. 6053) Referen.ce iVumber(s) of Documents assigned or released: ElAddition_al reference #'s on page _ ofdocument V'i Grantor(s) (Last name: first, then first name and initials) 1: Auburn, City of ~ Grantee: (Last name first) 1; Gteidanus, Larry 2. Greidanus, Maxine Legal Description (abbreyiatetli.e. lot, block, plat or section, township, range) Lot(s) 9, Velvet Square ~ Additional legal is on page 7 of the document. _ - Assessor's Property.Tax Parcel/Account Number: _ d.docUmeruA were fiied fmr 889320-0090 reCOrd by PacifiC Nortttwsst li[}e #r; 3xaminod ac to.proper oxeauitan.or ❑ Assessor Tax # not yet assigned 3s tD I$ 3{f I ORDINANCE NO. 6 0 5 3 AN ORDINANCE "OF THE CITY COUNCIL OF THE GITY OF AUBURN, WASHINGTON, REVERSING THE DECISION OF THE HEARING, EXAMINER.TO ALLOW A VARIANCE TO REDUCE THE SIDE YARD SETBACK FOR A PROPOSED PATIO COVER AT A SINGLE FAMILY RESIDENCE AT 1909 N COURT SE _ WHEREAS, Larry and Maxine Greidanus applied to the City for a variance to reduce the required side yard setback from five (5) feet fo three (3) . feet-to allow the construction of a patio cover at their.home at 1909 N Court SE; and WHEREAS, .the matter was heard by the Hearing Examiner August 22,. 2006, and,the Hearing Examiner's decision was to deny the variance; and ' WHEREAS, the applicant appealed the HearingExaminer's decision to the City Council; and WHEREAS, the Cify Council scheduled a closed record hearing to review the entire record on October 2, 2006 under application number VAR06- 0004; and WHEREAS, upon the conclusion of the Glosed Record Hearing the City Council reversed the decision of the Hearing Ezaminer and allowed the variance for the reasons set forth below. Ordinance No. 6053 October 6, 2006 Page 1 ` f . ~ NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS Seetion 1. Puraose. Variance Application Number VAR06-0004 _ decision of Hearing Examiner is reversed to allow a variance of the side yard setback from five (5) feet to three (3) feet for the purposes of constructing a patio cover at a single family residence at 1909 N Court SE, legally described in Exhibit "A" attached hereto and incorporated herein.. Section 2. Findinas Of Fact. 1. The applicants are the owners of a single family home located at 1909 N Court SE. According to their application, they purchased the home in 1996 as the original owners.. 2. The house is located'on a cul-de-sac and is somewhat pie-shaped. The south and north property lines are considered the fwo side yards of the lot. 3. The house was sifuated on the lot with minimal side yard setbacks at its narrowest point near the front of the lot. According to the applicants, a patio was poured at the time of home construction along the southem side of the house. At the rear of the house, the structure appears to be set back a maximurn of 13.25 feet from the south property line, narrowing down to 10 feet at the eastem end of the pafio. 4. According to the applicant, the patio ranges from 10 feet wide by a sliding glass door to 15 feet nearthe rear of the house. The patio was poured within 11 inches of the fence thaf separates the applicants' lot from the one to the south. 5. The applicants desi:re to cover the patio with a metal and Plexiglas patio cover. The cover ranges from 7 ft. 1 inch at its east end to 10 ft. 4 inehes to the rear. It would be connected to the house undemeath the rain gutter. The Ordinance No. 6053 October 6, 2006 Page 2 ~ applicant proposes to install a drip rail to catch rainwater and direct it to a splash block at the west end of the patio. Once the cover is completed, the applicants intend to install a composite deck undemeath, over the existing patio. 6. A six foot tall wood fence exists along the southem property line, separating this lot from the neighbor's. 7. In response to a complaint, staff from the City of Aubum Building Division visited the site in late July, 2006. They discovered a patio cover was being erected by a contractor without required permifs and also that the structure was being erecfed as close as 7.5 inches to the south property line at its eastem end, with a 3 foot setback on the western end. The property owner was advised to stop work, to apply for a permit, and was also told of the setback problem. 8. On July 27, 2006, the owner made application for a variance for the , proposed patio cover. 9. The R2 zone requires a 5 foot side yard setback for both primary and accessory structures. Since the cover would be attached to the home, it would be considered'to be part of the primary structure. 10. The lntemational Residential Code (IRC), which the City of Aubum ' has adopted as its standard for review of residential building permits, requires any structure closer than 3 feet to a side property line to'include a fire wall for protection, regardless of construction materials. 11. The applicant -states that were the 5 foot setback to be observed,. the covered portion of the patio would be insufficient for practical use. 12. Other lots located :on `tlie N Court cul-de-sac also appear to have minimal side yard setbacks: 13. Staff conducted a site visif to verify site. and neighborhood conditions. Other patio coyers were not observed, but if located at the rear of homes, would have been blocked from view from the street. Ordinance No. 6053 October 6, 2006 Page 3 Section 3. Conditions. Approval of this variance is subject to the following conditions: . 1. A building permit shall be required. 2. The patio cover shall be set back a minimum of 3 feetfrom the south property line, including the roof overhang and/or rain gutter. 3. All storm runoff from the patio cover shall be connected to the existing downspout drains for the residence or a separate an infiltration system shall be constructed to the criteria established in the "Handout for Residential Footing Drain Construction" (City of Aubum Pu61ic Works Department publication). 4. No deck or other surface will be allowed to be built over the existing concrete patio that woulci increase the elevation of such deck/patio, as it will infringe upon the privacy of the neighbors. Section 4. Recordin_a. Upon the passage; approval and publication of: this Ordinance as provided by law, the City'Clerk of the City of Aubum shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 5. If any provisions of this ordinance are determined to be invalid or unenforceable for any reason the remaining provisions shall remain enforce and effect. Section 6. Implementation. The Mayor is hereby authorized to implement,such_ administrative procedures as may be necessary to carry out the directions ofthis legislatian. - Ordinance No. 6053 Ocfober 6, 2006 Page 4 . . Section 7. Effective.date.. This Ordinance shall take effect and be in force five. days.from and aftet its passage, approval and publication as provided : by law. _ INTRODUCED: NOV - 6 2006 PASSED: , NOV 2 0 2006 APP VED` NOV ~ 0 2006 . , . PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam . ~ City Clerk _ APPR'O ED FORM1 - Daniel B. Heid City Attorney PUBLISHED: - - - - Ordinance No. 6053 October 6, 2006 Page .5 f . ~ EXHIBIT A LEGAL DESCRiPTION ~ ~ . ~ . . W(s) 9;.Vefvet Squae, aoCording b'the'plat thereof tecorded in Volume 173 af Plats, page(s) 31 and 32. in IGng County, Washington. . . ~ Situate in:ttte'City*of Aubuin, County of King~ State af Washington. • ~ ~ ~ ~ ~ . . • ~ . ' ~ . . . - - ~ ~ . : . ' . - ; ~ . ~ . . • ~t ~ . ~1 . . . . . . . : . - • : ~ . ~ ~ ' ~ : : . ~ . . ~ • .