HomeMy WebLinkAbout4446CITY CLERK'S OFFICE
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CITY OF AUBURN O j
25 West Main 1�
Auburn, WA 98001
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ORDINANCE NO. 4 4 4 6
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
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A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF SIX DUPLEXES
ON THREE LOTS LOCATED 105+ FEET WEST OF "M" STREET N.E. IN THE
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1700 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON.
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WHEREAS, Application No. CUP0006-90 dated May 1, 1990,
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together with site plans therefore, has been submitted to the
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City of Auburn, Washington, by BRIAN VAN, requesting a
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Conditional Use Permit to allow construction of six (6)
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duplexes on three (3) lots to be located 105+ feet west of "M"
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Street N.E. in the 1700 block, within the City of Auburn,
Washington, hereinafter described in Section 2 of the
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Ordinance;. and
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WHEREAS, said request above referred to, was referred to
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the Hearing Examiner for study and public hearing thereon; and
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WHEREAS, the Hearing Examiner, based upon staff review,
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held a public hearing to consider said petition in the Council
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Chambers of the Auburn City Hall, on June 19, 1990, at the
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conclusion of which the Hearing Examiner recommended the
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approval of the issuance of a Conditional Use Permit to allow
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construction of six (6) duplexes on three (3) lots to be
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Ordinance No. 4446
July 10, 1990
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located 105+ feet west of "M" Street N.E. in the 1700 block,
based upon the following Findings of Fact and Conclusions, to -
wit:
FINDINGS OF FACT
1. The applicants, Brian and Janet Van, applied for a
Conditional Use Permit to allow the construction of six
duplexes on three lots.
2. The subject property is located approximately 105± feet
west of "M" Street N.E. in the 1700 block and is 1.18
acres in size. The site is currently zoned R-3 (Duplex)
and is designated for moderate density residential uses
in the Comprehensive Plan. The site is currently vacant.
3. Surrounding zoning and land uses include R-3, Multiple
Family, to the north; R-2, Single Family, to the south;
R-3, Single Family, to the east; and R-4, Multi -Family,
to the west. Land to the north and east is designated
for moderate density residential uses in the
Comprehensive Plan while the area to the south is
designated for single family uses. The Comprehensive
Plan designates the area to the west for high density
residential uses.
4. The Zoning Ordinance requires 3600 square feet of lot
area per unit at Section 18.16.040(C). Accordingly, two
duplexes per lot would require a minimum lot size of
14,400 square feet. Each of the three lots is in excess
of 17,000 square feet and accordingly more than ample
space is provided for the units which the applicants seek
to construct.
5. The three lots abut 18th Street N.E. which is unimproved
right-of-way. The King County Assessor's Map illustrates
the right-of-way to be 60 feet wide.
Ordinance No. 4446
July 10, 1990
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6. Currently, 18th Street intersects with "M" Street N.E.
which is an arterial. The full width of the right-of-way
of 18th Street deadends 415 feet from "M" Street and
there is not right-of-way provided for a cul-de-sac or a
turnaround.
7. The applicant should be required to improve 18th Street
to a 1/2 street standard and provide a turnaround at the
end of 18th Street.
8. At the time of the public hearing, residents who reside
in the single family homes located directly to the south
of the site along 17th Street expressed some concern with
respect to the development. One witness indicated that
the adjacent property owner, Burndale Homes, had
permitted the homeowners on 17th Street N.E. to have a
strip of land located to the north of their homes
approximately 13 feet. The witness described this 13
foot strip of land as having been incorporated into the
yards of lots 5 through 12 on 17th Street N.E. located to
the southwest of the subject proposal. The witness did
not know whether or not there was a recorded easement
however the City indicates that the Assessor's Map shows
no recorded easement. Another witness residing further
to the east along 17th Street N.E. expressed a desire for
the City to require the construction of a fence between
the duplexes and the single family homes.
9. The staff report, with its recommendation of conditional
approval, is incorporated herein by reference as though
set forth in full.
CONCLUSIONS OF LAW
1. The criteria for a Conditional Use Permit are set forth
in Section 18.64.040 of the Zoning Ordinance.
2. The applicant must first establish that the use as
proposed will not have an adverse effect upon the area or
be more injurious than would any use permitted outright
in the district. Duplex uses are already permitted in
the district and two duplexes per lot are permitted if a
conditional use permit can be established. The
development as proposed provides for adequate setbacks
Ordinance No. 4446
July 10, 1990
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and there will not be an adverse effect upon the area in
that the area already contains multiple family housing.
The required landscaping will adequately buffer the
single family homes located to the south of the site and
the need for a fence is not shown in light of the fact
that there will be a 25 foot rear yard setback behind the
duplexes and an additional 10 foot strip of landscaping.
3. The applicant must establish that the proposal is in
accordance with the goals, policies, and objectives of
the Comprehensive Plan. This criteria is established by
the evidence since the proposal as submitted complies
with the Comprehensive Plan.
4. The applicant must establish that the proposal complies
with the requirements of the Zoning Ordinance. The site
plan indicates compliance with the Zoning Ordinance.
5. Finally, the applicant must establish that the proposal
will not adversely affect the public infrastructure and
that it can be constructed and maintained so as to be
harmonious with the general vicinity. The public
infrastructure will not be adversely affected and the
undersigned that the proposed will be consistent with the
other multiple family uses in the area. The orientation
of the site plan including but not limited to the
setbacks and landscaping will also make the proposal
consistent with the single family uses to the south and
to the southwest.
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 six (6) duplexes on three (3) lots, is approved and
affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 4446
July 10, 1990
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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 construction of six (6) duplexes on three (3) lots to
be located 105+ feet west of "M" Street N.E. in the 1700
block, situate in the City of Auburn, County of King, State of
Washington, and is legally described as follows:
Portion of W. Brannan D.C. #37 as follows:
South 181.2 ft of west 285 ft of following:
Beg 825 feet west 919.38 feet south of NE
corner of south half of D.C.; thence west 412.5
feet; thence south 211.2 feet; thence east
412.5 feet north to beginning and LESS roads.
Situate in NE 1/4 of Section 7, TWP 21 North,
Range 5, City of Auburn, County of King, State
of Washington.
Section 3. 18th Street N.E., from its intersection with
"M" Street N.E., to the west property line of this proposal,
shall be constructed to a 1/2 street standard as directed by
the City Engineer. A cul-de-sac with a 65 foot diameter is
required at the west end of 18th Street.
The street shall be constructed prior to occupancy of any
unit in the proposal.
Ordinance No. 4446
July 10, 1990
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Section 4. Easements need to be established for the
common driveways and parking areas. The easements shall be
approved by the City and then recorded at King County, prior
to occupancy of any unit in the proposal.
Section 5. A ten foot width of Type II landscaping shall
be installed on the south property line of each of the 3 lots.
The area between parking spaces 10 and 11, and 16 and 17,
shall be landscaped with a Type II landscaping.
The area on the east side of parking spaces 3-6 and the
west side of 21-24 shall be.landscaped with a 5 foot width of
Type I landscape.
The non -paved areas between the duplexes and 18th Street
shall be landscaped with a Type III landscaping.
Section 6. 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 7. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Ordinance No. 4446
July 10, 1990
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Section 8. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
Robi oh/lhueter, City Cle
APPROVED AS TO FORM:
Marguerite Schellentrager,
City Attorney
PUBLISHED: 2" A 3
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Ordinance No. 4446
July 10, 1990
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M A Y eR
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. 4446 of the ordinances of the City of Auburn,
entitled -"AN ORDINANCE."
I certify that, saidOrdinance No.-4446 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the the 16th day of July A.D.,
1990.
I further certify that said Ordinance No. 4446 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 23rd day of July, A.D., 1990.
Witness my hand and the official seal of the City of Auburn this
November 5, 1990, A.D.
Robin Wohlhueter -
City Clerk11'
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000