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fSIED � r .Record at Request of
FINANCE DEPT."
NAME S DEC 0 V
J.
61989
ADDRESS dot e
Tl
�Jcr I t
C) r
ORDINANCE NO. 4 3 70
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTbN;``PzROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWO DUPLEXES
ON ONE LOT ON PROPERTY ZONED R-3 (DUPLEX) AND LOCATED ON THE
NORTH SIDE OF 29TH STREET S.E. IN THE 900 BLOCK, WITHIN THE
CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0003-89 dated July 21, 1989,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by BENGJT von HAARTMAN, requesting
a Conditional Use Permit to allow construction of two duplexes
on one lot on property located on the north side of 29th
Street S.E. in the 900 block, within the City of Auburn,
Washington, hereinafter described in Section 2 of the
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 August 22, 1989, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
construction of two duplexes on one lot on property located on
the north side of 29th Street S.E. in the 900 block, based
upon the following Findings of Fact and Conclusions, to -wit:
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Ordinance No. 4371
Page 1
September 11, 1989
69 10r`11
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FINDINGS OF FACT
1. The applicant, Bengt von Haartman, applies for a
Conditional Use Permit to allow construction of two
duplexes on one lot.
2. The subject site is located on 29th Street S.E. in the
900 block and is 14,459+ square feet in size. The site
is zoned R-3, (Two -Family (Duplex) Residential) and is
currently vacant. Surrounding zoning and land uses
include R-3 to the north, east, and west, and Mobile Home
Park to the south. Land to the north is vacant, although
a duplex is proposed. To the east there are existing
duplexes, and there is a four-plex to the west with a
mobile home park to the south.
3. The Comprehensive Plan designates the subject site for
moderate density residential uses, and land in all
directions has a similar designation in the Comprehensive
Plan.
4. The zoning district requires 3600 square feet of lot area
for each dwelling unit, therefore, the two duplexes will
require 14,400 square feet of lot, and the lot size
exceeds the requirements by approximately 60 square feet.
5. The lot is accessed by 29th Street S.E. and a private
road which serves the existing short plat, which was
approved by the City in May of 1989.
6. The staff report, with its recommendation of conditional
approval, is incorporated herein by references as though
set forth in full.
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Ordinance No. 4371
Page 2
September 11, 1989
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CONCLUSIONS OF LAW
1. The Zoning Ordinance sets forth a series of criteria
which must be established before the requested
Conditional Use Permit can be granted.
2. These criteria are set forth in Section 18.64.040 of the
Zoning Ordinance.
3. The evidence establishes that the duplex will not have an
adverse affect upon the area.
4. The evidence establishes that the proposal complies with
both the Comprehensive Plan and the Zoning Ordinance.
5. Finally, the evidence establishes that the proposal is
harmonious with the existing and intended character of
the general vicinity and that it will not adversely
affect the public infrastructure.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit to allow for
construction of two duplexes on one lot is approved and
affirmed upon the condition that the portion of the lot that
abuts 29th Street S.E. and the private street shall be
landscaped with a five (5) foot width of Type III landscaping.
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.
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Ordinance No. 4371
Page 3
September 11, 1989
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Section 2. A Conditional Use Permit is hereby approved
subject to the condition specified herein, to allow for
construction of two duplexes on one lot on property on
property zoned R-3 (Duplex) located on the north side of 29th
Street S.E. in the 900 block, situate in the City of Auburn,
County of King, State of Washington, and legally described as
follows:
Lot 1, SP 4-89 as recorded under Auditor's
File No. 8907200768, City of Auburn,
County of King, State of Washington.
Section 3. The Conditional Use Permit is conditional
approval subject to the following condition: That portion of
the lot that abuts on 29th Street S.E. and the private street
shall be landscaped with a five (5) foot width of Type III
landscaping.
Section 4. 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 5. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
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Ordinance No. 4371
Page 4
September 11, 1989
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Section 6. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED: l-' /Y OP/
PASSED: 9—/ap- f'�F
APPROVED.
v� G
M A 1K O R
ATTEST:
Gayleltutcher, Deputy City Clerk
APPROVED AS TO FORM:
Nor - - -Aa , do X��XX "A
Marguerite Schellentrager,
City Attorney
PUBLISHED:
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Ordinance No. 4371
Page 5
September 11, 1989
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. 4371 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4371 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 18TH day of SEPTEMBER A.D., 1989.
I further certify that said Ordinance No. 4371 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 24TH day of SEPTEMBER,
A.D., 1989.
Witness my hand and the official seal of the City of
Auburn this December 8, 1989, A.D.
Robin Wohlhueter
City Clerk
City of Auburn