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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:
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Ordinance No. 4419
March 12, 1990
Page 1
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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.
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Ordinance No. 4419
March 12, 1990
Page 2
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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.
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Ordinance No. 4419
March 12, 1990
Page 3
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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 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
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Ordinance No. 4419
March 12, 1990
Page 4
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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.
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Ordinance No. 4419
March 12, 1990
Page 5
INTRODUCED: j " / / - / C/
PASSED: d/ - 19- qC)
A
M A Y O R
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G ATTEST:
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5 Robin Wohlhueter, City Clerk
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8 APPROVED AS TO FORM:
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11 Marguerite chellentrager,
City Attorney
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...................
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