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,J:. ;E: ORDINANCE NO. 4 2 9 8
AN ORDINAQ'� O'F'AlEI CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL
USE PERMIT TO ALLOW THE CONSTRUCTION OF ONE DUPLEX•AND THREE
TRIPLEXES ON PROPERTY ZONED R-3 AND LOCATED AT 1200 THIRD STREET
S.E., WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application Number 23-88, dated May 31, 1988, together
with site plans therefore, has been submitted to the City of Auburn,
Washington, by DAN and KIM MAYER, requesting a Conditional Use Permit to
allow the construction of one (1) duplex and three (3) triplexes on property
located at 1200 Third Street S.E., with 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 July 5, 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 the construction of a one (1) duplex and three (3) triplexes based upon
the following Findings of Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The applicant, Dan Mayer, applies for a Conditional Use Permit to allow
for the construction of one duplex and three triplex units.
2. The subject site is located at 1200 3rd Street S.E. and is approximately
42,795 sq. ft. in size. The existing land use is a single family home
although the subject site is zoned R-3, Two -Family Duplex Residential
District.
3. The subject site is designated moderate density residential by the
Comprehensive Plan. Existing zoning and land uses in the vicinity include
R-2, Single Family, to the north; railroad tracks to the south; I,
Institutional, vacant to the east; and R-3, Single Family, to the west.
Land in the vicinity of the east and west sides of the site is designated
moderate density residential by the Comprehensive Plan while land to the
north of the site is designated single family.
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Ordinance No. 4298
Page One
7/12/88
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4. The applicant proposes to construct eleven units. The R-3 zone requires
3600 sq. ft. of lot per each dwelling unit.
5. Land in the vicinity south of 3rd between "M" and "R" Streets is a mixture
of single family, duplex and multiple family uses. There are also some
vacant parcels.
6. The applicant has set aside a 60 foot wide tract for a future 4th Street
arterial.
7. The site would be accessed by way of a long drive. The property abuts 3rd
Street S.E. which has only a 40 foot right of way. Accordingly, the appli-
cant would be required to dedicate 5 feet of right of way adjacent to the
parcel and bring one-half of 3rd Spplicant proposes to link two separate
streets through plat development. Specifically, the construction of 33rd
will provide a connection between "R" and "0" Streets and the construction
of the new street will connect 33rd to 37th Street S.E.
7. The portion of 33rd Street S.E. which is east of the plat currently dead -
ends at the proposed plats eastern boundary. Eventually, with the develop-
ment of this plat, 33rd will be a through street from "R" Street to "M"
Street. Although the right of way for this street now exists, there is
approximately a 300 foot section lying east of "M" that has yet to be
constructed.
8. The portion of 37th Street which is between the proposed street on this
plat and "M" Street is not built to full City standards. Certain improve-
ments will need to be made to 37th in order to accommodate this plat.
CONCLUSIONS OF LAW
1. The property is already zoned for multiple family uses. Accordingly, if
the criteria of Section 18.64.040 of the Zoning Ordinance had been
established the applicant is entitled to a conditional use permit.
2. The evidence establishes that the requirements for a conditional use per-
mit have been met.
3. Specifically, the area is changing and is no longer predominantly single
family residential. The zoning existing on the site permits the use as
proposed.
4. The proposal complies with the goals and policies of the Comprehensive
Plan since the subject site is designated moderate density residential in
the Comprehensive Plan.
5. The proposal complies with all requirements of the Zoning Ordinance.
6. All criteria for a conditional use permit have been 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 approved and affirmed.
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Ordinance No. 4298
Page Two
7/12/88
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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.
Section 2. A Conditional Use Permit to allow for the construction of one
(1) duplex and three (3) triplexes on property zoned R-3 (Two -Family Duplex
Residential Disrict), situate in the City of Auburn, County of King, State of
Washington, and legally described as follows, to -wit:
Lot 29, East Auburn Acres Addition as recorded in Plats,
Vol 14, pg 41 records of King County, WA. situated in
Section 18,Twp 21 N, R 5 EWM, City of Auburn, County of
King, State of Washington.
Section 3. Construction of the proposed development 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 4. The applicant will dedicate an additional 5 feet for right of
way purposes adjacent to his parcel and be responsible for improving that por-
tion of 3rd Street up to the City standards required for 2 street construction
of a 50 foot wide street.
Section 5. The applicant will set aside a 60 foot wide area for the future
construction of the 4th Street arterial. The area reserved for the arterial
may be used for the required turn -around for fire fighting apparatus.
Section 6. The applicant will provide for an adequate public water line,
a minimum of 8 inches, which may include additional hydrants for fire protec-
tion, and an 8 inch private storm sewer, and an 8 inch public sanitary sewer
lines all to be extended into the property.
Section 7. A 20 foot wide access must be maintained and signed as a fire
lane pursuant to the Fire Lane Ordinance.
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Ordinance No. 4298
Page Three
7/12/88
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Section 8. 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.
Section 9. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 10. 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: JULY 18, 1988
PASSED: JULY 18, 1988
APPROVED: JULY 18, 1988
ATTEST:
6'�' �- � ) �_h li'dr,
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
rg erite Schellentrager, City Attorney
PUBLISHED: JULY 28, 1988
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Ordinance No. 4298
Page Four of four
7/12/88
STATE OF WASHINGTON)
) ss.
COUNTY 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. 4298 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4298 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 18th day of July A.D., 1988.
I further certify that said Ordinance No. 4298 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 28th day of July A.D.,
1988.
Witness my hand and the official seal of the City of
Auburn this 23rd day of November A.D., 1988.
City Clerk of the City of Auburn