Loading...
HomeMy WebLinkAbout42811 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 4 2 8 1 1. AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A TRI-PLEX UNIT, LOCATED ON THE NORTH SIDE OF 18TH STREET N.W. IN THE 1000 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application Number 7-88, dated February 26, 1988, together with site plans therefore, has been submitted to the City of Auburn, Washington, by BETTY FLINT, requesting a Conditional Use Permit to allow construction of a tri-plex unit, located on the north side of 18th Street Northeast, in the 1000 block, within the City of Auburn, Washington, hereinafter described in Section 2 of this Ordinance; and WHEREAS, said request above referred to, 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 March 22, 1988, at 7:30 P.M., at the conclusion of which the Hearing Examiner recommended approval of the issuance of a Conditional Use Permit to allow construction of a tri-plex unit based upon the following Findings of Fact and Conclusions, to -wit: FINDINGS OF FACT 1. The applicant, Betty Flint, applies for a Conditional Use Permit to allow the construction of a tri-plex. 2. The subject site is 13,600 square feet in size and is located on the north side of 18th Street N.E. in the 1000 block. The site is currently zoned R-3, Duplex, and is vacant. 3. The site is designated high density residential/moderate density residen- tial by the City of Auburn Comprehensive Plan. 4. Surrounding zoning and land uses include R-2 and R-3, Single Family, to the north; R-4, Multi -Family, to the south; R-3, vacant, to the east; and R-4, Multi -Family, to the west. ----------------------- Ordinance No. 4281 Page One 4/12/88 RED D F CASHSL. *075 i 8. 00 �������►ors: ���i 1i 1 2 3 4 5 6 7 8 9 10 11 lO 12 11% 13 ® 14 p 15 GO 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5. In the R-3 zone, multiple family structures are required to have 3600 square feet of lot area per each dwelling unit and are limited to no more than 4 units per structure. Accordingly, 10,800 square feet would be required for the tri-plex. Since the lot size is 13,600 square feet, the lot size is more than adequate for the proposed use. 6'. This parcel is part of a 12 lot subdivision. The first 10 lots are zoned R-4, Multi -Family, and have f ourplexes constructed on them. 7. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF LAW 1. The Zoning Ordinance sets forth a series of criteria which must be established by the evidence prior to the time that a conditional use per- mit can be granted at Section 18.64.040. 2. Specifically, the applicant must establish that the use will have no more an adverse effect on the health, safety, or comfort of persons living or working in the area than with any other use generally permitted in the district. This criteria has been established by the evidence in light of the existing multi -family character of the area. 3. Further, the applicant must establish that the proposal is in accords with the goals, policies, and objectives of the Comprehensive Plan. This cri- teria is established by the evidence and in fact up to four units would be permitted subject to a conditional use permit. 4. Further, the applicant must establish that the proposal meets the require- ments of the Zoning Ordinance. This criteria is established by the evidence. 5. Further, it must be established that the proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance and that the proposal will not adversely affect the public infrastructure. These criteria are established by the evidence. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this application for a Conditional Use Permit is conditional approval, subject to the following conditions: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. ------------------------- Ordinance No. 4281 Page Two 4/12/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28'I 29 30 31 32 Section 2. A Conditional Use Permit to allow construction of a tri-plex unit, on property zoned R-3 (Duplex), and located on the north side of 18th Street Northeast in the 1000 block, situate in the City of Auburn, County of King, State of Washington, and legally described as follows, to -wit: Lot 11, Meadow Brook Estates, according to Plats thereof recorded in Vol 122 of Plats, pages 83 and 84 in King County, Washington. Situated in Section 7, TWP 2.1 N, R 5 EWM, City of Auburn, County of King, State of Washington. is herewith granted subject to the terms of this ordinance. Section 1. Additional fir trees, planted ten feet apart, and/or addi- tional pyramidalis, planted 3 feet apart, shall be placed on the east property line adjacent to the three parking spaces and on the west and north sides of the RV parking. These plantings shall be at least 30 feet long on both sides. Section 2. Construction of the project shall be consistent with the site plan as submitted and shall be consistent with the Zoning, Building and Fire Codes and the requirements of the Public Works Department. Section 3. Upon the passage, approval and publication of this Ordinance as provided by law the Legal Department for the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 4. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. --------------------- Ordinance No. 4281 Page Three 4/12/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 5. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: APRIL 18, 1988 PASSED: APRIL 18. 1988 APPROVED: APRIL 18, 1988 M A Y Oq ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Marg eru ite Schellentrager, City Attorney PUBLISHED: APRIL 27, 1988 ----------------------- Ordinance No. 4281 Page Four 4/12/88 ' STATE OF WASHINGTON) ss. OOUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in'the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of ordinance No. 4281 of the ordinances of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4281 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 18th day of April A.D., 1988. I further certify that said Ordinance No. 4281 was published as pro- vided by law in the Valley News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 27th day of April A.D., 1988. WITNESS my hand and the official seal of the City of Auburn, this 25th day of August A.D., 1988. V0, CITY CLERK OFXHEITY OF AUiBURN