Loading...
HomeMy WebLinkAbout4419In 1q, Cx) O N CV �1D O C) or,. 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 CITY CLERK'S OFFICE CITY OF AUBURN QO���t��� 25 West Main Gr�SH�L Auburn, WA 98001 ORDINANCE NO. 4 4 1 9 1Q,00 40845 ► >}: 12. 00 SS AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A TRI-PLEX TO BE LOCATED ON THE NORTH SIDE OF 18TH STREET N.E.IN THE 1000 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0001-90 dated January 16, 1990, together with site plans therefore, has been submitted to the City of Auburn, Washington, by STOBIE & ASSOCIATES, requesting a Conditional Use Permit to allow construction of a tri-plex to be located on the north side of 18th Street N.E. in the 1000 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 February 21, 1990, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow construction of a tri-plex to be located on the north side of 18th Street N.E. in the 1000 block, based upon the following Findings of Fact and Conclusions, to -wit: ------------------- Ordinance No. 4419 March 12, 1990 Page 1 P. J'(10j J"a1,y S!;(1( , rl �-1 grit P1V n0 0! 77 Hnr AVG S1141 i13i�3�3i�3 04 3 4 5 6 7 8 9 t.n ""T 10 aD CD C\J 11 CV 1-0 12 C Cr" 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FINDINGS OF FACT 1. The applicant, Stobie and Associates, and their agent, George Schuler, applies for a conditional use permit to allow construction of a tri-plex. 2. The subject lot is located on the north side of 18th Street N.E. in the 1000 block and is 16,200 square feet in size. The lot is currently zoned R-3 (Duplex) and is vacant. The Comprehensive Plan designates the subject lot for moderate density residential uses. 3. Surrounding zoning in all directions except south is R-3. Zoning to the south is R-4. The existing land use to the north, south, and east is multiple family while there is a duplex located to the west. 4. The applicant proposes to construct a tri-plex on the site. The Zoning Ordinance permits the development of a tri-plex if a conditional use permit is issued to allow the development of a tri- plex within a duplex zone. 5. The ordinance requires 3600 square feet of land per unit. There is more than sufficient land to allow development of the tri-plex use. 6. The proposal is located at the end of a deadend street that terminates as a cul-de-sac. The street as developed can adequately serve the proposal. 7. There is a large deciduous tree existing on the lot. The tree if possible should be incorporated into the design of the project. 8. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. ------------------- Ordinance No. 4419 March 12, 1990 Page 2 1 2'' 3 4 5 6 7 8 to co 9 O N 10 `O CD 11 CD Q` 12 13 14 15 16! 17 18 19 20 21 22 23 24 25 26 CONCLUSIONS OF LAW 1. The Zoning Ordinance sets forth a series of criteria which must be established prior to the time that a conditional use permit can be granted. 2. The first of these criteria is that the use will have no more of an adverse effect on the health, safety, or comfort of persons living or working in the area and will no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. The evidence establishes that the proposed tri-plex use is consistent with existing multi -family uses which surround the proposal. 3. The applicant must establish that the proposal complies with the goals, policies, and objectives of the Comprehensive Plan. One policy of the Comprehensive Plan (Policy 11.5.1) encourages the use of vegetation as an integral part of development plans. To promote this policy, if possible the large deciduous tree existing on the site should be preserved and incorporated into the design of the new tri-plex structure. 4. The site plan as proposed appears to indicate that the proposal can comply with all of the Zoning Code requirements. 5. The other criteria required for a conditional use permit 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 Conditional Use Permit to allow construction of a tri-plex is approved and affirmed. ------------------- Ordinance No. 4419 March 12, 1990 Page 3 Ln 11�1' co O CV C\1 �1D CD 0 U11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15i 16 17 18 19 20 21 22 23 24 25 26 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 is hereby approved to allow construction of a tri-plex to be located on the north side of 18th Street N.E. in the 1000 block, situate in the City of Auburn, County of King, State of Washington, and legally described as follows: Lot 2, City of Auburn Short Plat No. SP-9- 73 as recorded under Auditor's file No. 8310261128, togetherwith vacated street adjoining, located in the NE 1/4 of Section 7, TWP 21, R5, City of Auburn, County of King, State of Washington. Section 3. If determined appropriate by the Planning Director the large deciduous tree existing on the site shall be preserved. The Planning Director may authorize the amendment of the site plan to reflect preservation of the tree. If it is not possible to save the tree, then three or four deciduous trees from 4-6 inch caliper shall be provided on -site to replace the existing deciduous tree. These new ------------------- Ordinance No. 4419 March 12, 1990 Page 4 Ln 00 O CV CV I.D CD Q` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 deciduous trees, if required, shall be provided prior any occupation of the new tri-plex structure. Section 4. The landscaping that is illustrated on the site plan, and the west property line, shall be a five foot width of Type III landscaping. Section 5. 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 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ------------------- Ordinance No. 4419 March 12, 1990 Page 5 INTRODUCED: j " / / - / C/ PASSED: d/ - 19- qC) A M A Y O R in aD O CV CV %.0 CD CD Q` G ATTEST: 3 4 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM: 9 1 _ 11 Marguerite chellentrager, City Attorney 12 13 14 15 PUBLISHED:'�,� �V 16 17 18 19 20 21 22 23 24 25 ................... 26 Ordinance No. 4419 March 12, 1990 Page 6 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. 4419 of the ordinances -'Of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4419 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the the 19th day of March A.D., 1990. I further certify that.said Ordinance No. 4419 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 25th day of March, A.D., 1990. Witness my hand and the official seal of the City of Auburn this August) 23, 1990, A.D. Robin Wohlhueter o City Clerk City of Auburn 25 West Main, Auburn, WA 98001-4998 (206) 931-3000