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ORDINANCE NO. 4 3 9 0
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW A PROFESSIONAL OFFICE
LOCATED AT THE SOUTHWEST CORNER OF 17TH AND "M" STREETS,S.E.,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0007-89 dated October 16,
1989, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by ROBERT KERR, M.D.,
requesting a Conditional Use Permit to allow a professional
office to be located at the southwest corner of 17th and "M""
Streets S.E., 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 November 21, 1989, at the
conclusion of which the Hearing Examiner recommended the
approval .of the issuance of a Conditional Use Permit to allow
a professional office to be located at the southwest corner.of
17th and "M" Streets S.E., based upon the following Findings
of Fact and Conclusions, to -wit:
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Ordinance No. 4390
Page 1
December 13, 1989 c u o
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FINDINGS OF FACT
1. The applicant, Robert F. Kerr, requests a
Conditional Use Permit for a professional office
use.
2. The subject site is located at 1701 "M" Street S.E.
and is currently zoned R-2, Single Family.
3. The existing land use is a vacant childcare clinic.
The childcare clinic use is the second of two
Conditional Use Permits previously issued for the
site. The first Conditional Use Permit was for a
doctor's office. The doctor's office and the
childcare clinic were never occupied.
4. Surrounding zoning and land use in the vicinity
include C-1, Commercial, service station to the
north; R-2, Single Family, to the south; C-1,
Commercial, to the east; and R-2, Single Family, to
the West. The Comprehensive Plan designates the
subject site for single family uses, and land to the
south and west contains a similar designation.
However, land to the north and east is designated
for commercial uses.
5. The applicant proposes to utilize the space for a
professional office which would be used by the
Western Washington Chapter of the Professional
Golfers Association.
6. The evidence establishes that the building existing
on the site is approximately 1800 square feet. A
parking lot has been developed as a part of the
existing building, and the parking lot contains
13 spaces. The parking lot is fenced, landscaped,
and provided with access off of "M" Street S.E.
7. The staff report, with its recommendation of
conditional approval, is incorporated herein by
reference as though set forth in full.
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Ordinance No. 4390
Page 2
December 13, 1989
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CONCLUSIONS OF LAW
1. Professional offices are a permitted use in an R-2
zone pursuant to the Auburn Zoning Ordinance Section
18.14.030(h) subject to the requirements of a
Conditional Use Permit.
2. The requirements for a Conditional Use Permit are
set forth in Section 18.64.040 of the Auburn Zoning
Ordinance.
3. The Zoning Ordinance provides for a Conditional Use
Permit to be granted if the use will not have a more
adverse effect on the health, safety or comfort of
persons living or working in the area than would any
use generally permitted in the district. The
evidence establishes that this use will be a low -
intensity land use and all activity will occur
within the building. In addition, the parking area
is fenced, landscaped, and adequately screened from
adjacent properties.
4. The proposal is consistent with the policies in the
Comprehensive Plan of allowing limited commercial
uses along arterials such as "M" Street.
5. All of the other requirements 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 Conditional Use Permit to allow a professional
office is approved and affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,.
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance No. 4390
Page 3
December 13, 1989
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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 is hereby approved
to allow a professional office located at the southwest corner
of 17th and "M" Streets S.E., situate in the City of Auburn,
County of King, State of Washington, and legally described as
follows:
Lot 10, Rainier Vista, according to the
plat thereof recorded in Volume 57 of
Plats, page 26, King County, Washington.
Except that portion conveyed to the City
of Auburn No. 6589880.
Section 3. 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 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section S. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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Ordinance No. 4390
Page 4
December 13, 1989
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9 ATTEST:
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INTRODUCED.
PASSED:
APPROVED •
A Y 0 R
12 Robin Wohlhueter, City Clerk
13 APPROVED AS TO FORM:
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Marguerite Schellen
City Attorney
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PUBLISHED: 1p
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Ordinance No. 4390
Page 5
December 13, 1989
r,
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. 4390 of the
ordinances of the City of Auburn, entitled."AN ORDINANCE."
I certify that said Ordinance No. 4390 was duly passed
,.,,by the Council and approved by the Mayor of the said City of
Auburn,,,on the the 18th"day of December A.D., 1989.
I furthercertify that said Ordinance No. 4390 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 27th day of December,
A.D., 1989.
Witness my hand and the official seal of the City of
Auburn this May 22, 1990, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000