HomeMy WebLinkAbout43911
2
3
4
5
6
7
8
9
10
11
® 12
13
O
G0 14
O
N 15
O
. 0 16
17
18
19
20
21
22
23
24
25
26
RECD F 9.00
ORDINANCE NO. 4 3 9 1RECFEE 2.00
C.RSHSL :fi:: a:l 1. 0 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE ALTERATION OF FINAL PLAT OF LAKELAND
HILLS DIVISION NO. 2 TO PROVIDE AN INGRESS, EGRESS AND UTILITY
EASEMENT TO SERVE LOTS 35, 36, 41 AND 42, AKA 5004, 5008, 5010
AND 5002 MILL POND DRIVE. (FINAL PLAT APPROVED BY CITY OF
AUBURN ORDINANCE NO. 3468, DECEMBER 3, 1979)
WHEREAS, at the regular meeting of the Auburn City
Council held on December 3, 1979, the Auburn City Council
approved the Final Plat of Lakeland Hills Division No. 2; and
WHEREAS, on October 25, 1989, an application was filed by
the owner of Lots 35, 36, 41, and 42 to alter the plat to
provide ingress, egress and a utility easement to those lots;
and
WHEREAS, Auburn City Code Chapter 17.22 allows an
alteration of a existing subdivision; and
WHEREAS, a hearing was held before a Hearing Examiner and
the Examiner recommended the Council approve the alteration
based on the following:
FINDINGS OF FACT
1. The applicant, Brian Van, applies for an ingress,
egress and utility easement. The proposed easement
would serve Lots 35, 36, 41, and 42 of Lakeland
Hills Division No. 2.
r m
ca
;In rn
C-) (AC� CL)
-------------------
Ordinance No. 4391
Page 1 -:
December 14, 1989 ; 0 ,
1
2
3-
4
5
6
7
8
9
10
11
12
13
O
Q 14
Wt
O 15
® 16
C�
O 17
18
19
20
21
22
23
24
25
26
2. The subject site is zoned R-2, Single Family, and is
located at 5004, 5008, 5010 and 5002 Mill Pond Drive
in Auburn. The subject site is zoned for single
'family uses, but is currently vacant. Surrounding
zoning and land uses in all directions is for single
family uses.
3. The applicant owns all four of the subject lots.
Lots 35 and 36 each have a 20-foot wide panhandle
providing access to a frontage road on Mill Pond
Drive. Lots 41 and 42 have direct access to the
frontage road.
4. Access from the frontage road to Lots 41 and 42 is
an upward slope. The applicant has determined that
driveways to serve the homes on Lots 41 and 42 would
be more appropriately located using the panhandles
as access to avoid the steeply sloped driveways. If
the lots were accessed from the panhandles, in
addition to avoiding steep driveways, less material
would have to be moved to accommodate foundations.
5. Currently, the panhandles serve only Lots 35 and 36
and thus an easement must be created which would
allow for Lots 41 and 42 to use the panhandles for
access.
6. The Land Division Ordinance in Section 17.22
requires a plat alteration to provide for the access
easement.
7. The Land Division Ordinance in Section 17.22.170
requires access easements as recommended by the City
Engineer. In this instance, the City Engineer has
determined that the existing 20 foot wide pavement
is adequate to serve four lots.
8. In order to insure the accuracy of the alteration of
the plat for recording purposes, the drawings and
legal descriptions will need to be prepared by a
licensed land surveyor.
9. The staff report, with its recommendation of
conditional approval, is incorporated herein by
reference as though set forth in full.
Ordinance
Page 2
December
No. 4391
14, 1989
1
2
3
4
5
6
7
8
9
10
11
12
13
14
0 15
'd' 16
O
17
O
O 18
O
19
20
21
22
23
24
25
26
CONCLUSIONS OF LAW
1. The plat alteration is consistent with the criteria
outlined in the Land Division Ordinance and provides
adequate access to the subject lots. Accordingly,
the plat alteration should be approved.
Based on the foregoing Findings of Fact and Conclusions,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council affirms the Hearing
Examiner's decision approving the plat alteration. The
findings of fact and conclusions of the Hearing Examiner are
hereby incorporated by reference in this Ordinance. In
addition, the City Council hereby determines, based on the
findings and conclusions, that the public use and interest
will be served by the alteration of the subdivision. The
applicant has submitted proof of his ownership of a majority
of the lots in the portion of the subdivision to be altered.
Section 2. The applicant agrees to provide to the City,
revised drawings and legal descriptions required to reflect
the plat alteration for recording purposes.
These drawings and legal descriptions shall be prepared
by a licensed land surveyor and shall be consistent with what
is required for final plat drawings.
-------------------
Ordinance No. 4391
Page 3
December 14, 1989
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
The drawings shall also contain signature blocks for the
Mayor, City Clerk, Planning Director, City Engineer and the
vested owners.
Section 3. The drawings shall also contain covenants
that reflect that the owners of Lots 35, 36, 41 and 42 have
exclusive responsibility for maintenance of the easement.
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. The applicant shall be
responsible for recording the revised drawing at King County.
Section 5. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 6. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
-------------------
Ordinance No. 4391
Page 4
December 14, 1989
1
2 INTRODUCED:
3
4 PASSED:
5
1/9 - al- f �
42 - IF- Y �
6 APPROVED: /� /D /
7
8
r
9 M A Y O R
10 ATTEST:
11
12 6&L— Lmz&� %
13 Robin Wohlhueter, City Clerk
14
15 APPROVED AS TO FORM:
16
1 -
18 Marguerite Schellentrager,
City Attorney
19
20
21
22 Published:
23
24
25
-------------------
26 Ordinance No. 4391
Page 5
December 14, 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. 4391 of the
ordinances of,the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4391 was duly passed
by the Council and approved by the Mayor of the said City of
Auburm, on the the 18th'day of December A.D., 1989.
I further certify that said Ordinance No. 4391 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