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Home My WebLink About02-20-2019 AGENDA PACKETHEARING EXAMINER February 20, 2019 5:30 p.m. City Council Chambers 25 West Main Street I.Case No:VAR18-0009 – DAVID KONG VARIANCE Applicant(s) Property Owner:David Kong Request:Request for a special exception permit to renovate and reoccupy a single-family residence that has remained unoccupied for a period of more than 180 days within C-1 Light Commercial Zone. Project Location: 136 11th Street SE, Auburn Parcel Number(s): King County Parcel Number 3141600520 I.Case No:VAR18-0010 – HECTOR ORTIZ II Variance Applicant(s) Property Owner:Hector Ortiz II Request:Variance to rear yard setback for a single-family home located in the Light Industrial zone Project Location: 202 G Street SW, Auburn Parcel Number(s): King County Parcel Number 3915000165 1 of 64 2 of 64 3 of 64 4 of 64 5 of 64 6 of 64 7 of 64 NOTICE OF APPLICATION (NOA) NOTICE OF PUBLIC HEARING (NOPH) Kong Special Exception VAR18-0009 The City of Auburn is issuing a Notice of Application (NOA) and Notice of Public Hearing (NOPH) for the following described project. The special permit application and associated materials may be obtained on the City’s Public Notice webpage at www.auburnwa.gov/landuse, by contacting the Staff contact listed below, or at the City of Auburn Customer Service Center, 1 E Main St., 2nd Floor, Auburn, WA 98001. Proposal: Request for a special exception permit to renovate and reoccupy a single-family residence that has remained unoccupied for a period of more than 180 days within C-1 Light Commercial Zone. Location: The project site is located at 136 11th St. SE. King County Assessor Parcel No. 3141600520; see Vicinity Map below. Notice of Application: February 4, 2019 Application Complete: December 24, 2018 Permit Application: December 7, 2018 File No. VAR18-0009 Applicant: Lanying Kong 621 E Chicago St. Kent, WA 98030 Applicant’s Representative: David Kong 621 E Chicago St. Kent, WA 98030 Property Owner: Same as Applicant Studies/Plans Submitted With Application: • Site Plan Other Permits, Plans, and Approvals Needed: • Special Exception: Hearing Examiner • Plumbing, water, sewer, and mechanical permits Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works Design and Construction Standards. Public Comment Period: All persons may comment on this application and are encouraged to submit comments in writing by 5:00PM on February 19, 2019. Comments may also be submitted verbally or in writing at the hearing. Comments may be submitted to the mailing address of 25 W Main St., Auburn, WA 98001, or to the email address below. Please reference City File No. VAR18- 8 of 64 0009. Any person wishing to become a party of record, shall include in their comments that they wish to receive notice of and participate in any hearings, if relevant, and request a copy of decisions once made, and be made aware of appeal rights. Public Hearing: Hearing Examiner hearing is scheduled for 5:30PM on February 20, 2019, in the City Council Chambers at 25 W Main St., Auburn, WA 98001. Any interested person is invited to appear and express comments or opinions on the proposed project. For citizens with speech, sight, or hearing disabilities wishing to review documents pertaining to this hearing should contact the person below within 10 calendar days prior to the hearing. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For questions regarding this project, please contact Alexandria Teague, Planner II, at ateague@auburnwa.gov or 253-931-3088. 9 of 64 Vicinity Map: Excerpt Zoning Map: SUBJECT PROPERTY 10 of 64 11 of 64 12 of 64 13 of 64 14 of 64 15 of 64 16 of 64 17 of 64 18 of 64 19 of 64 20 of 64 21 of 64 22 of 64 23 of 64 24 of 64 25 of 64 26 of 64 27 of 64 28 of 64 29 of 64 30 of 64 31 of 64 32 of 64 33 of 64 34 of 64 35 of 64 36 of 64 37 of 64 38 of 64 39 of 64 40 of 64 VARIANCE Ortiz – Rear Yard Setback for Accessory Structure VAR18-0010 I.GENERAL INFORMATION: Application Date: December 11, 2018 Property Owner: Hector Ortiz II 202 G St SW Auburn, WA 98001 Applicant: Hector Ortiz II 202 G St SW Auburn, WA 98001 Proposal: Request for a Variance to decrease the M-1 Light Industrial district minimum rear yard setback standard of 25 feet to 10 feet (“Variance”). The Variance is requested to accommodate a future detached garage located within the east (rear) portion of the property. Location: 202 G St SW, east side of G St SW , approximately 150 feet north of the intersection of 3rd St SW and G St SW, within SE ¼ of Section 13, T 21 N, R 04 E. Parcel Number: 3915000165 Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning Classification and Current Land Use: Comprehensive Plan Designation Zoning Classification Current Land Use Project Site Downtown Urban Center M-1 Light Industrial Zone Single-family residence North Downtown Urban Center M-1 Light Industrial Zone Vacant South Downtown Urban Center M-1 Light Industrial Zone Single-family residence East Downtown Urban Center R-20 Residential, 20 units per Acre Single-family residence West Downtown Urban Center M-1 Light Industrial Zone Warehouse Exhibit 1 41 of 64 Excerpted Zoning Map: Subject Site 42 of 64 II. SEPA STATUS: Exempt per Auburn City Code (ACC) 16.06.020 and Washington Administrative Code (WAC) Section 197-11-800(6)(a). III. FINDINGS OF FACT: 1. Hector Ortiz II, 202 G St SW Auburn, WA 98001 (“Applicant”) submitted a Variance application (“Variance”) on December 11, 2018 to decrease the M-1 Light Industrial Zone minimum rear yard setback standard of 25 feet to 10 feet in order to accommodate a future detached garage. The proposed garage would serve an existing single-family residence. The proposed future construction is dependent on approval of the variance. 2. ACC 18.23.040(B) requires a rear yard setback of 25 feet for accessory structures on sites that are adjacent to residential zoning districts. In this instance, the property is adjacent to an R-20 Residential, 20 dwelling units per acre zone to the east. 3. The site is located on the east side of G St SW, approximately 150 feet north of the intersection of 3rd St SW and G St SW, within SE ¼ of Section 13, T 21 N, R 04 E, within the City of Auburn’s corporate limits, and referenced by King County Tax Assessor Parcel No. (APN) 3915000165. The site address is 202 G St SW. 4. The site is rectangular and has frontage only on G St SW bordering the west side. 5. The site is developed with a single-family residence which was constructed in 1911. Per ACC 18.23.030, single-family residences are not a permitted use in the M-1 Light Industrial Zone. Because the property was developed with the residence prior to the establishment of the City of Auburn Zoning Ordinance and has maintained consistent occupancy since its construction, it is considered legally non-conforming. 6. G St SW is designated as a “Non-Residential Collector” street per the City’s Comprehensive Transportation Plan. 7. The surrounding area along G St SW is generally developed with a mix of light industrial uses, such as warehousing and light manufacturing. A single-family residence abuts the property to the south. The area directly to the east is developed with single-family residences with their rear yards oriented to the west. 8. One (1) existing adjacent M-1-zoned property to the south (APN 3915000170), developed as a single-family residence, and one (1) existing M-1-zoned property to the north (APN 3915000155), developed with a shed, do not meet the minimum 25 foot rear yard setback from adjacent residential zoning districts. The property to the south received a rear yard setback variance to allow the garage to be located ten feet from its east rear property line. See Department of Community Development File Number VAR04-0007 (available upon request). 9. Per ACC 18.02.030(A), the intent of Title 18 ACC, “Zoning”, is to: “…to implement the city’s comprehensive plan. This title will be used to further the growth and development of the city consistent with the adopted 43 of 64 comprehensive plan and its implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city’s population and to prevent and abate public nuisances.” 10. Per ACC 18.23.020(G), the intent of the M-1 Light Industrial Zone is to: “… accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made.” 11. Per ACC 18.54.060(F), nonconforming residential structures are allowed to provide maintenance, alterations and additions which may exceed the requirements of this chapter; provided the total number of dwelling units does not increase and all other development standards of the district are complied with. 12. Per ACC 18.70.010(A), “Variances”, the Hearing Examiner is empowered to hear and approve Variances if the application conforms with all of the criteria contained in ACC 18.70.010(A)(1) thru 18.70.010(A)(10). 13. Compliance with the approval criteria contained in ACC 18.70.010(A) is addressed under Section IV, “Conclusions”, of this staff report. 14. A combined Notice of Application and Notice of Public Hearing was issued on December 20, 2018 (“Exhibit 6”), a minimum of 10 days prior to the public hearing as required by ACC 18.70.040. The notices were posted at the Site, mailed to adjacent property owners within 300 feet of the Site, and published in The Seattle Times, newspaper. 15. One public comment, submitted on behalf of Jeffrey Watson, Planner III, Muckleshoot Tribe of Indians, was submitted in response to the Notice of Application and Notice of Public Hearing (“Exhibit 7”). Mr. Watson provided the City with questions regarding variance process and criteria used by the Hearing Examiner. Additionally, Mr. Watson sought additional information related to the application. In response, City staff provided clarification as to how to obtain additional information on the application via the City’s website and additional information regarding the City’s processes and procedures. 16. The Variance application was reviewed by City staff and the Valley Regional Fire Authority (VRFA). Of note, the Development Review section noted that a Level 1 storm permit will be required as part of the future building permit for the garage, should the variance be granted. No other reviewers provided any comments or objections related to the proposed setback variance. 44 of 64 IV. CONCLUSIONS: ACC 18.70.010(A), “Variances”, specifies that the Hearing Examiner may approve or modify and approve an application for a Variance if the application satisfies all of the approval criteria specified in ACC 18.70.010(A)(1) thru ACC 18.70.010(A)(10). Following is a staff analysis of this Variance application’s compliance with each criterion. The criteria are listed below in italics, followed by a staff analysis. 1. That there are unique physical conditions including narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying with provisions of this title. Staff Analysis: Compliance with the minimum rear yard setback standard of the M-1 Light Industrial Zone while also retaining the existing single-family residence presents practical challenges, as meeting the rear yard setback for the garage would result it in being very close to the existing dwelling. This would eliminate much of the use of the rear yard. Further, this would force the garage door to face to east and require vehicles to complete a 180 degree turn in order access it. According to the Applicant, the intent of constructing the detached garage is to allow for parking and storage that will directly serve the existing single-family residence. Staff finds the request meets the criterion. 2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of such lot. Staff Analysis: As previously mentioned, the location of the existing home in relation to the proposed garage makes meeting the minimum rear yard setback requirement difficult, as locating the garage close to the existing home in order to meet the 25 rear yard setback requirement would present practical difficulties due to a 180 degree turn being necessary in order to accommodate vehicle parking and passage into the garage. Further, the 25 foot rear yard setback requirement is dependent on its location adjacent to a residentially zoned area. While zoned M-1 Industrial, the site is developed with a legally non-conforming single-family residence. By allowing the garage to be constructed in the proposed location, an existing single- family dwelling will remain while also allowing for an improvement to the property. The location of the proposed garage will result in the property having a similar configuration with the single-family residence and detached garage located directly to the south. Staff finds the request meets the criterion. 3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. For nonconforming 45 of 64 single-family homes, this finding is determined to be met if the features of the proposed variance are consistent with other comparable features within 500 feet of the proposal. Staff Analysis: The Variance does not alter the character of the neighborhood or cause detriment to surrounding properties. The property directly to the south contains a detached garage that is setback only 10 feet from its rear yard property line. Many of the residential properties immediately to the east are developed with detached garages and accessory structures that provide little or no setback from their respective rear property lines. Moreover, the Variance does not request that the proposed development be relieved from any other development standard. Per the Variance site plans, the proposal is consistent or capable of consistency with all other development standards applicable to the M-1 zone. The proposal will be assessed for full consistency with all applicable development standards, including during future Building Permit review. Staff finds the request meets the criterion. 4. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners. Staff Analysis: The special circumstances and conditions associated with the Variance are related to the City prohibiting the construction of single-family dwellings in the M-1 Light Industrial zone after the existing dwelling was constructed. Further, the M-1 Light Industrial zone contains a 25 foot rear yard setback standard that is intended to provide adequate separation between residential uses and industrial uses. In this instance, an expansion of an existing single-family residence in the form of a detached garage is proposed, not an industrial use. As such, it is not the applicant’s actions that resulted in the property being developed with a single-family residence in an industrial zone in a location that would present difficulties in meeting the rear yard setback requirement for a future garage addition. Staff finds the request meets the criterion. 5. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Staff Analysis: Per the ‘Staff Analysis’ of compliance with first criterion, ACC 18.70.010(A)(1) above, compliance with the literal interpretation of the 25 foot rear yard setback requirement presents practical challenges due to the 180 degree turn that would be required to enter the garage if it were located close to the existing residence. Literal interpretation of the minimum setback requirement would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, as both of the abutting properties contain detached structures that are located within their respective rear yard setback area. Further, the property abutting directly to the south received a similar variance in 2004 to allow a detached garage to be located 10 feet from the east rear property line. 46 of 64 Staff finds the request meets the criterion. 6. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located. Staff Analysis: The Variance meets the general purposes of Title 18 ACC, “Zoning”, as the setback reduction for the Site does not adversely impact the surrounding area. Further, the intent statement for the M-1 Light Industrial Zone notes that the zone may accommodate limited residential uses. In this instance, the construction of a new detached garage will support an existing legal non-conforming residence on the property. Together with the ‘Staff Analysis’ of compliance with ACC 18.70.010(A)(3) above and the fact that the site is developed with a legally non-conforming single-family detached dwelling, in which additions are allowed, the Variance generally supports health, safety, morals, convenience, comfort, prosperity, and general welfare. Staff finds the request meets the criterion. 7. The variance will not allow an increase in the number of dwelling units permitted by the zoning district. Staff Analysis: No new dwelling units are proposed. The proposed detached garage will serve an existing legally non-conforming single-family residence. Staff finds the request meets the criterion. 8. The authorization of such variance will not adversely affect the comprehensive plan. Staff Analysis: Per the ‘Staff Analysis’ of compliance with criterion ACC 18.70.010(A)(6) above, the Variance does not adversely affect the Comprehensive Plan. Staff finds the request meets the criterion. 9. The variance shall not allow a land use which is not permitted under the zoning district in which the property is located. Staff Analysis: The Variance is requested to accommodate the construction of a detached garage that will serve an existing single-family residence. While the use, “Single-family detached dwellings” is not permitted outright in the M-1 Light Industrial zone, it is considered legally non-conforming since it was established prior to the M-1 zoning of the property. As noted in the intent statement, the M-1 zone may accommodate a limited number of residential uses. Further, ACC 18.54.060(F) notes that alterations and additions to residential structures are allowed, provided the total number of dwelling units are not increased. 47 of 64 Staff finds the request meets the criterion. 10. The variance shall not change any regulations or conditions established by surface mining permits, administrative use permits, conditional use permits or contract rezones authorized by the city council. Staff Analysis: The Site is not subject to any surface mining permits, Administrative Use Permits, Conditional Use Permits, or Contract Rezones authorized by the City Council. Staff finds the criterion does not apply. V. STAFF RECOMMENDATION Staff recommends approval of the Variance request, subject to the information contained in this Staff Report and the attached exhibits. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Completed Variance Application Exhibit 4 Applicant’s Variance Plans Exhibit 5 Applicant’s Written Statement Exhibit 6 Notice of Application (NOA) and Notice of Public Hearing Exhibit 7 Public Comment and City Response STAFF Prepared by: Dustin Lawrence, AICP, Senior Planner Department of Community Development Reviewed by: Thaniel Gouk, Senior Planner Department of Community Development 48 of 64 333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet333.3166.70 Vicinity Map 1/3/2019Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Subject Property Exhibit 2 49 of 64 . Acr'uOFB· URN · CITY OF AUBURN ./"\.! Planning & Development Department WASHINGTON Auburn City Hall Annex, 2nd Floor 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 pennitcenter@aubumwa.gov www.auburnwa.gov OFFICE USE ONLY FILE#: --------------FILE NAME: TYPE: ______ _ RECEIVED BY: __ _ FEES PAID: ____ _ CHECK/CASH: __ _ SUBMITTAL DATE: __________ _ LAND USE DESIGNATION: ________ _ VARIANCE APPLICATION APPLICANT: c Use mailing address for meeting notification. COMPANY: lu.c,Jov e7�-,_ � ADDRESS: �'"2 (;. 5.::L St� . �eek box if Primary Contact (c1TY, sTATE, z1P) Aubr<t cla , l,-c/� < :{�I PHONE:C�GJ 5fdq' ... o/6/ I FAX: ' 1 E-MAIL: &va-hr:::vlc&-<ffi.)/4::,:;;;,;,L e.pvn7 s1GNATURE: PRINTED NAME: tl'z:e ?fer: e>t:tl� II (Signat�;;::r� APPLICANT'S REPRESENTATIVE: COMPANY: ADDRESS: (CITY, STATE, ZIP) □Check box if Primary Contact PHONE: _______ FAX: ________ E-MAIL: __________ _ SIGNATURE: ______________ PRINTED NAME: _________ _ (Signature Required) □Check box if Primary Contact ADDRESS: (CITY, STATE, ZIP) PHONE:Uo�:,:t/q-4�/FAX: _______ E-MAIL: �;;,.,,=.��;..;.a,:.;..�.ii::;..::;.�� SIGNATURE: �� PRINTED NAME: fi>::.alb--CJ,,-,./-(;z JI (Signature Required) Note: Applicant or representative must have property owner's consent to file this application form in order for it to be accepted PROPERTY INFORMATION (REQUIRED) SITE ADDRESS: z_o Z. G sf}� Ai� turt1 � 1<ldgklSTING USE OF SITE: f/aue ko/d ASSESSOR'S PARCEL ID# 3:ttS Oot) 1 6 S LOT SIZE fONING DISTRICT � &14-;, taM1�� ..... tt1. ...... ¼?..._I __________ _ 1Y?x50 v PROPOSED USE OF SITE: � kab/ AREA TO DEVELOPED (s.f.): _________ _ 3 Exhibit 3 50 of 64 Ac�LJYOFB.URN• . CITY OF AUBURN .I"\.! Planning & Development Department VARIANCE APPLICATION WASHINGTON Auburn City Hall Annex, 2nd Floor 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 permitcenter@aubumwa.gov www.aubumwa.gov VARIANCE -LETTER OF AUTHORIZATION (A copy of this letter must be submitted for each property owner involved) I, Hi:::.:1.,,/r:,r Ottt7.. JI declare under penalty of perjury under the laws of the State of Washington as follows; 1.I am the owner of the property that is the subject of the application. 2. I �ve not appointed anyone, or[ ] have appointed _____________ _ to act as my agent regarding this application. 3. All statements, answers, and information submitted with this application are true and correct to the best of my knowledge and belief. 4. I agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as part of this application. 5. I hereby grant permission for representatives of the City of Auburn and any other Federal, State, or local unit of government with regulatory authority over the project to enter onto my property to inspect the property, take photographs, and post public notices as required in connection with review of this application and for compliance with the terms and conditions of p e project. Signature 11e�1�K Dtd:t'2. JI Printed Name j 2./ }0/201 gDate i0 zr; .sf-s� A!Ahtkn , We.' ff '(i:22 I Address 7 ' 4 51 of 64 , c; STl2-.J=ET SW r .- ,,� J '--,:::-- Exis-\-o,j ½ovse, Ne,vJ 9av-�0e p-ro poS<.. �o' 50• )-4:. � t.1.) -:::,, ('¥' a I .' \ 5' -( I A-1 Exhibit 4 52 of 64 G S\REE\ SW--::. J -�- t.c\-'--9 ._ s' • y' IJ\" \0 I\ 50 0 ·:i- 3 ° fo q, EXTt !LIO rt {lGQf, ) 0 - 0 hoS Oh O S" -:r ('(\ 0 f V. \ r(\ff\OfU�('(\ ,2 I�' ,h r .� ''::l f"�"' G�-H ,0 [ )... -�-A-2.V)� ------ 53 of 64 r() f <C �0 l-ct lLl 0 -l \-lo-IJJ � M � - :t: � � �0 V, --- 54 of 64 1 • --� .. ___ t_�. -.J ----L--.. -' L� l I ..... . I l -:! J •--- ! I1 I' ! I 'I I i I I i I I I I 1 ! � ! L .... •- I _j i f-j 11 I 1 ·1 II 11 1 rll,llll t ll r l -t i' r t , l. -_�--- - -:,-----.. lJJ \ ' I (( ..,. �\( ....J � ll � -:,:: :r-l--:::- <(' �Lu � \I) 55 of 64 V7 \ . <C . � ' . I I .I � • I, ' 1 'I ll -- . ' I I -1 '. . � - () r{) . I I ec --U� : . 56 of 64 What are the criteria against which the proposed Variance will be reviewed? Per ACC 18.70.010, in reviewing applications for variances, the Hearing Examiner will consider: 1.That there are unique physical conditions including narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying with provisions of the zoning code; 2.That because of such physical conditions, the development of the lot in strict conformity with the zoning code will not allow a reasonable and harmonious use of such lot; 3.That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located; 4.That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners; 5.Literal interpretation of the provisions within the zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district; 6.The approval of the variance will be consistent with the purpose of the zoning code and the zoning district in which the property is located; and 7.The authorization of such variance will not adversely affect the Comprehensive Plan. Variance Written Statement The lot parcel at 202 G St SW is narrow in width, 50 feet and 120 feet in depth. It has a single- family residence on it. It is zoned as M1. It adjoins R20 zoning on the east side. South of the lot there is a single-family residence with a two story existing building and garage, there is a residential home building to the east, and north from the lot there is a lot without any existing building. The M1 zoning of the lot requires that a garage has to have a 25-foot set back from a residential lot. As this property adjoins R4 zoning to the rear , this 30-foot set back is required. Placing the rear garage wall 25 feet from the rear property line, this puts the rear garage wall in the middle of the backyard and the front wall of the garage would be approximately 5 feet or less from the house. This would require the driveway to go by the garage then turn 180 degrees and come back into the back side of it. This scenario would complicate access to the garage, it would also increase the length of the driveway and reduce the size of the garage, it would also eliminate the backyard. The residence has been a single-family residence since 1911, and it is my intent to keep it this way, and to build a garage on the site. This garage will be pleasant in appearance and compliment both the existing home and the neighborhood adding value to both of them. The garage will be built for two (2) cars and personal storage. I am asking for a variance to place the rear of the garage 10 feet from the rear property line vs the specified 25 feet, I am asking for this variance based on, that my neighbor on the south side of the lot is also on a M1 zone and was able to build a garage with a 10-foot setback from the Exhibit 5 57 of 64 R20 zone on the east side of his lot line with a variance permission. This is the same scenario as on my lot on 202 G St Sw. 58 of 64 NOTICE OF APPLICATION (NOA) and NOTICE OF PUBLIC HEARING (NOH) Rear Yard Setback Variance VAR18-0010 The City of Auburn is issuing a Notice of Application (NOA) and Notice of Public Hearing (NOH) for the following described project. The permit application may be reviewed at the Auburn Community Development & Public Works Department at 1 East Main Street, 2nd Floor, Customer Service Center, Auburn, WA 98001. Proposal: The property owner has requested a reduction in the required rear yard setback. The property contains a single-family home and is located in the M-1, Light Industrial zone. Per ACC Table 18.23.040B the rear yard setback in the M-1 zone, where adjacent to a residential zone, is 25 ft.; the property owner has requested a reduction to 10 ft. for construction of a detached garage. Location: The proposed building would be located in the eastern portion of 202 ‘G’ St. SW. King County Assessor Parcel No. 391500-0165; see Vicinity Map below. Notice of Application: December 20, 2018 Application Complete: December 17, 2018 Permit Application: December 11, 2018 File No.: VAR18-0010 Applicant: Hector Ortiz II 202 ‘G’ St. SW , Auburn, WA 98001 Property Owner: Same as Applicant Studies/Plans Submitted With Application: Building and Site plans Other Permits, Plans, and Approvals Needed: Building, Plumbing, and Mechanical Permits Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works Design and Construction Standards. Public Comment Period: All persons may comment on this application. Comments must be in writing and received by the end of the 15-day comment period at 5:00pm January 4, 2019 to the mailing address of 25 West Main Street, Auburn, WA, 98001 or to the contact email address below. Any person wishing to become a party of record, shall include in their comments that they wish to receive notice of and participate in any hearings, if relevant, request a copy of decisions once made, and be made aware of appeal rights. Public Hearing: The Hearing Examiner will conduct a public hearing on the Variance in the City Council Chambers, 25 W. Main St., Auburn, WA, 98001, on February 20, 2019 at 5:30 p.m. Exhibit 6 59 of 64 Any interested person is invited to appear and express comments or opinions on the proposed project. Written comments may be submitted after the required 15-day comment period or at in person at the public hearing. For citizens with speech, sight, or hearing disabilities wishing to review documents pertaining to this hearing should contact the person below within 10 calendar days prior to the hearing. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For questions regarding this project, please contact Thaniel Gouk, Senior Planner, at tgouk@auburnwa.gov or 253-804-5031. Vicinity Map 60 of 64 1 Dustin Lawrence From:Thaniel Gouk Sent:Wednesday, January 9, 2019 8:43 AM To:Dustin Lawrence Subject:FW: NOA VAR18-0010 From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us> Sent: Thursday, January 3, 2019 3:47 PM To: Thaniel Gouk <tgouk@auburnwa.gov> Subject: RE: NOA VAR18-0010 Thanks! Guess I just need to keep one eye on the website for the small stuff. I’ll be in touch… From: Thaniel Gouk [mailto:tgouk@auburnwa.gov] Sent: Thursday, January 03, 2019 3:43 PM To: Jeffrey Watson Subject: RE: NOA VAR18-0010 I’m aware of what it says Jeff. Auburn does not notice short plats unless SEPA applies. If you would like to propose the City make an amendment to the Code, the application form is located here: https://www.auburnwa.gov/UserFiles/Servers/Server_11470554/File/City%20Hall/Documents/Forms/code_text_amend ment_app.pdf. We have an email distribution list that goes to you, Grant, Laura, and Rob. Prior to your numerous recent inquiries regarding notices, I know that these notices have been received by the Tribe as I personally have had several response from Karen Walter. I believe you had requested Alexandria to add you to our email list for notices somewhat recently, and you should have received the notices since that time (with potentially some lag time depending on the stage of a particular application). Attached for your reference is the narrative you’ve requested. From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us> Sent: Thursday, January 3, 2019 3:25 PM To: Thaniel Gouk <tgouk@auburnwa.gov> Subject: RE: NOA VAR18-0010 Thaniel, Actually RCW 58.17.060 specifies that ” The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof…” The city of Auburn can establish whatever notification it deems necessary and appropriate in the interest of transparency and good public policy. We used to run legal notices in the paper, 500 foot adjoining property USPS mailer, an email roster for “any interested party”, and posting on the web site with ALL associated documentation (KCC 15A.03.060). Unfortunately the address which you send notifications to goes to a generic administrative box which may or may not make its way to Planning. The last one I saw didn’t even include a zip code. If possible can you add the following to your “Outside Agency” list. Planning Director Exhibit 7 61 of 64 2 Muckleshoot Indian Tribe 39015 172nd Ave SE Auburn, WA 98092 May I see the copy of the Variance narrative if possible? Thanks! JW From: Thaniel Gouk [mailto:tgouk@auburnwa.gov] Sent: Thursday, January 03, 2019 2:58 PM To: Jeffrey Watson Subject: RE: NOA VAR18-0010 Jeffrey – yes, as you’re aware short plats, per state law, are an administrative approval, similar to a building permit and public notice is not completed unless SEPA is triggered. Here is some more information on subdivisions that might be useful for you to review from MRSC: http://mrsc.org/Home/Explore-Topics/Planning/Development- Regulations/Subdivisions.aspx. Please be ensured that the Tribe receives all public notices that are sent to outside agencies. For the variance, yes a narrative was submitted. From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us> Sent: Thursday, January 3, 2019 2:29 PM To: Thaniel Gouk <tgouk@auburnwa.gov> Subject: RE: NOA VAR18-0010 Thank you for the code reference; it sounds like the Hearings Examiner would be fairly judicious in granting a variance. Did the applicant in this instance provide a narrative to support his case under the provisions of ACC 18.70.010? The short plat question was in reference to the origins of this email for the notification process. Would a SEPA exempt short plat (“lands not covered by water”) follow the same notification method as the one you used for this variance? From: Thaniel Gouk [mailto:tgouk@auburnwa.gov] Sent: Thursday, January 03, 2019 9:51 AM To: Jeffrey Watson Subject: RE: NOA VAR18-0010 It sounds like you are mixing several comments on different things together. If you have specific questions or comments on this application, that is what I’m looking for. Any emails/letters/comments received in regards to this Variance application will be provided to the Hearing Examiner when for the public hearing. The NOA does not specify the information you are referring too as that is something that is reviewed during preparation of the staff report to the Hearing Examiner. The criteria for reviewing a Variance is listed here: https://www.codepublishing.com/WA/Auburn/html/Auburn18/Auburn1870.html#18.70 . Thanks, Thaniel 62 of 64 3 From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us> Sent: Thursday, January 3, 2019 9:42 AM To: Thaniel Gouk <tgouk@auburnwa.gov> Subject: RE: NOA VAR18-0010 Hi Thaniel, Thanks for the quick response. Yes, a couple questions; the notice of application doesn’t specify the “hardship” or reason why an exception is being requested. Do you grant variances on the basis of hardship or unique characteristics of the parcel involved or on the basis whether anybody has an issue with the request (I’ve seen it done both ways). If it’s the former do you guys have specific thresholds or criteria for determining eligibility? Also, do short plats which are SEPA exempt follow the same notification protocol as this one did? From: Thaniel Gouk [mailto:tgouk@auburnwa.gov] Sent: Thursday, January 03, 2019 8:01 AM To: Jeffrey Watson Subject: RE: NOA VAR18-0010 There is not. We do not currently have a listserv type email distribution, however, we are looking into the possibilities of having one in the future. Did you have any questions or comments on this variance? Thanks, Thaniel From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us> Sent: Thursday, December 27, 2018 12:58 PM To: Thaniel Gouk <tgouk@auburnwa.gov> Subject: RE: NOA VAR18-0010 So there is another list for non-SEPA? From: Thaniel Gouk [mailto:tgouk@auburnwa.gov] Sent: Thursday, December 27, 2018 12:57 PM To: Jeffrey Watson Subject: RE: NOA VAR18-0010 Hi Jeffrey. Your name is included in our email list. This project is not subject to SEPA so an email was not sent out. Public notice was done per City Code. Did you have any questions or comments on the variance? -Thaniel From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us> Sent: Thursday, December 27, 2018 9:51 AM To: Thaniel Gouk <tgouk@auburnwa.gov> Subject: NOA VAR18-0010 Your website says that the NOA for this project (VAR18-0010) went out on 12/20/2018. I should be on the notification email list. I have double checked my inbox and did not receive it. Could you please double check to insure that I receive all NOAs from the City of Auburn. 63 of 64 4 Jeffrey A. Watson Planner III; Planning Division Community Development Services Muckleshoot Indian Tribe 39015-A 172nd Ave. S.E., Auburn, WA 98092 Office: 253-285-4048 Cell: 253-350-6515 Fax: 253-876-3182 Email: Jeffrey.Watson@muckleshoot.nsn.us This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy or send it to anyone else. This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy or send it to anyone else. This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy or send it to anyone else. This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy or send it to anyone else. This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy or send it to anyone else. 64 of 64