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Home My WebLink About6389 ORDINANCE_NO. 6 3 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, AMENDING SECTION 18.70.030 OF THE AUBURN CITY CODE AND CREATING A NEW SECTION 18J0.015 OF THE AUBURN " CITY CODE RELATING TO ADMINISTRATIVE VARIANCES WHEREAS, from time to time, amendments. to the City of Aubum zoning code are appropriate, in order to update and better reflect the current developmerrtneeds and standards of the Cityr; and WHEREAS, the City Council deems it in the best interest of the City to amend Section 18.70., "Variances, Special Exceptions, and Administrative Appeals" adding an Administratiye Variance process where under specific cases the planning director could grant relief to development standards, not to exceed 25 percent of a quantifiable standard; and WHEREAS, the City Council finds that the City's land use decision making process should be revised so that minor issues are deterrnined in relatively quick adrriinistrative processes and major issues are thoroughly assessed and are subject to the full public scrutiny of the Hearing Examiner process; and WHEREAS, following proper notice, the City of Aubum Planning Commission held a public hearing on October 18, 2011, on the proposed code amendments regarding off:street parking and loacling, landscaping and screening, outdoor lighting,and variances; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on October 18, 2011, the Planning Commission Ordinance No. 6389 December 14, 2011 Page 1 of 5 made its recommendations for code amendments to the City of Aubum City Council; and WHEREAS, the City Council has reviewed and considered the 'Planning Commission recommendations; and WHEREAS, environmental review on the proposal has been completed in accordance with the requiremerrts of the State Environmental Policy Act (SEPA) with a final determination of non-significance (DN8) issued Septerriber 15, 2011; and WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60- day state re4iew; and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the DepartrnenY of Commerce or other state agencies; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Section 18.70.030 of the Aubum City Code be and the same hereby is amended to read as follows: 18:70.030 ApplicaUon. In addition to the tequirements for a complete application,as,set forth in ACC Title 14, a � site,plan shall be required with each application for a variance, administrative variance or special exception. The site plan shall be accurately drawn using an appropriate engineering scale and shall illustrate the following: A. Adjacent streefi B. Boundaries and dimerisions of site; Ordinance No. 6389 December 142011 Page 2 of 5 C. Location of buildings; D. Location of parking areas; E. Location of feature needing variance. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 2. New Section to Citv Code. That a new Section 18.70.015 of the Aubum City Code be and the same hereby is created to read as follows: 18.70.015 Administrative Varfance A. The�lanninq director mav in soecific cases. authorize a variance to the develooment reaulations. subiect to the criteria set below. 1. Buildina setbacks. lot coveraqe, lot area, and lot width a. Aoolicabilitv. These shall include variances to buildina setbacks, lot coveraqe. lot area. and lot width not to exceed 25 oercent of a auant�able standard. b. Criteria. The nlannina director mav, in specific cases, authorize a variance to the develonment reaulations. subiect to com�liance with one or more of the followinq crfteria: i. That the variance, if aranted. will not alter the character of the neiqhborhood. or t�detrimental to surroundinq croperGes in which the lot is located. ii. That the soecial circumstances and conditions associated wdh the variance are not a result of the actions of the aoolicant. iii. Literal interoretation of the orovisions of this title would deorive the aooiicant of riqhts commonlv enioved bv other orooerties in the same zoninp district. iv. The approval of the variance will be consistent with the ouroose of this title and the zonina distrid in which the orooertv is located. 2. Variance to buildinq heipht a. Applicabilitv. The construction of a orincioal or accessorv buildina which exceeds t� heiaht limit mav be authorized uoon a lot. not to exceed 50 oercent of a auantifiable standard. Refer to Cha�ter 1829 ACC for varvina heiqht within the Downtown Urban Center. DUC zoninp disfict. b Additional Public Notice Reauirements. If a residential zoninq district is within 300 feet of the subiect site. then a oublic comment oeriod shall occur followina the �rocedures corrtained in ACC Title 14. The olannina director or desianee shall render a decision within 10 davs followina the Close of the oublic comment period. c. Criteria. The olannina director mav. in soecific cases. authorize a variance to the heiqht of buildinqs. subiect to comoliance with one or more of the followina criteria: i. Addidonal heiaht shall be the minimum necessarv to afFord relief. ii. That the variance, if aranted. will not alter the character of tt�e neiahborhood. or be detrimental to surroundina orooerties in which the lot is located. iii. The aooroval of the variance will be consistent with the ouroose of this title and the zonina district in which the orooertv is located. B. In authorization of an administrative variance. the �lannina director mav attach such conditions reaardina the location. character and other features of the proposed shucture or use as he/she mav deem necessarv to cam out the intent and our�ose of this title and in the public interest. C. A variance so authorized shalt become void after the expiration of one vear, or lonaer oeriod if soecified at ttie time of issuance. if no buildina oermit. occuoancv permit or business reaistration has been issued in accordance with the olans for which such variance was Ordinance No. 6389 December 14 2011 Page 3 of 5 Iauthorized. The olannina director mav extend the oeriod of variance authorization for one additional vear uoon a findina that there has been no basic chanqe in oertinerrt conditions surroundinq the qronertv at the time of the oriainal aoolication. Section 3. Imolementation: The Mayor is hereby authorized to implement such administ�ative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severabilitv. The provisions of this ordinance are declared to be separate and se6erable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, orthe 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 5. Effective date. This O�dinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. � INTRODUCED: DEC ] 8 2011 � PASSED: Q�� APPROVED: OEC 1 9 9011 � � PETER B. LEWIS MAYOR Ordinance No. 6389 December 14 2D11 Page 4 of 5 ATTEST: ��,�� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel'B. Heid, City Attor y Published:�J�ZZ Zdi/..�-�^.,.�w..Cta-L�u� Ordinance No. 6389 December 14 2011 . Page 5 of5