HomeMy WebLinkAboutItem VII-AbCITY OF * ' * ·
BURN
WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street * Auburn WA 98001-4998 · www.ci.auburn.wa.us, 253-931-3000
July 14, 2003
PETER BRANDT
14711 SE 63v'D STREET
BELLEVUE WA 98006
BOB ROBINSON
37936 23RD PLACE SOUTH
FEDERAL WAY WA 98003
RE: APPLICATION NO. CUP03-0002
Dear Applicants:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on July 21, 2003. The City Council will consider your request on July 21, 2003 in the City
Council Chambers at 7:30 p.m.
You or a representative are requested to be at that meeting to answer any questions the City Councilmembers
might have regarding your proposal.
If you have any questions regarding the attached, please give us a call.
Paul Krauss, AICP
Director
PK:pz
Attachment
cc:
Building Department
Public Works Department
City Clerk
Gary Allen
HE'DEC\CUP03-2
A1 IRI IR NI, MORF. THAN VOI! IM AGINIFD
.CITY OF .~
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF AUBURN
APPLICATION:
APPLICANT:
REQUEST:
LOCATION:
APPLICATION FILED:
SEPA STATUS:
DATE OF PUBLIC HEARING:
DECISION ISSUED:
DECISION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
CUP03-0002
Hans Peter Brandt
Conditional Use Permit to allow construction of an additional 3,440
square-foot duplex on .91 acre lot with four existing duplexes
9xx 24th Street NE
March 14, 2003
Determination of Non Significance was issued June 5, 2003
July 21, 2003
July 14, 2003
Recommend approval
Sean Martin
Bob Robinson
Gary Allen
Exhibit # 1: Case file and environmental file
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing,
and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the
following Findings of Fact and conclusions shall constitute the decision of the Hearing Examiner on this application.
FINDINGS OF FACT
The Property Owner has applied for a conditional use permit that would allow a duplex on the southern portion
of a 0.91 acre property with four existing duplexes. The property approximately is currently zoned R3 - Two-
Family (Duplex) Residential.
The R3 - Two-Family (Duplex) Residential zone, under the provisions of Section 18.16.030(G) of the Auburn
City Code, allows for more than one duplex per lot if a conditional use permit is issued, and provided that
HE'~DEC\CUP03-2 Page 2
Findings and Decision
Application No. (File No.)
3,600 square feet of lot area is provided for each dwelling unit. Ten duplexes on this lot would equal about
3,960 square feet per dwelling unit.
The applicant has indicated that the proposed project will include construction of an approximate 3,440 square
foot, two-story duplex. Each unit is proposed to include a two-car garage and driveway.
4. The contents of the case file, CUP03-0002, for this project are hereby incorporated by reference and made part
of the record of this hearing.
In accordance with Auburn City Code Section 18.64.060, the conditional use permit shall be implemented
within two years of the approval. Ifa building permit or occupancy permit has not been issued within the two-
year period then the conditional use permit shall be null and void.
At the time of the public hearing, an adjacent property owner inquired as to the cost of street improvements
being allocated to his property when he is not the only lot using the street. The hearing record was left open for
the City of Auburn to provide additional information, and for the adjacent property owner to respond. The City
of Auburn Public Works Department provided additional information; however, following receipt of the
additional information about the allocation of the cost of street improvements, the adjacent property owner
provided no response or request for clarification.
CONCLUSIONS OF LAW
The Hearing Examiner has concluded, based on the Staff Report and the public hearing, that the conditional use
permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in
Section 18.64.040 of the Zoning Ordinance, subject to Conditions, below.
The use will have no more adverse effect on the health, safety or comfort of persons living or working in the
area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding
area, than would any use generally permitted in the district.
It is not anticipated that the use will have any more adverse effects than an outright permitted use since as a two-
family dwelling unit are already permitted and constructed in the neighborhood. The lot is large and exceeds the
required per-dwelling lot size. The immediate area supports a mixture of single-family, multi-family, and non-
residential uses.
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan.
The Comprehensive Land Use Plan designation for the area is "moderate density residential." Policy LU-34
states that moderate density units shall be encouraged as a buffer between single family areas and more intense
uses. The site in question is located between additional property to the east that is zoned R3 and multiple-family
uses to the west.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal complies or is capable of complying with the Zoning Ordinance. The proposal, as submitted,
meets the requirements of the Zoning Ordinance with respect to lot size, required setbacks, lot coverage, and
required parking.
4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character,
and appearance with the existing or intended character of the general vicinity.
HE~)EC\CUP03-2
Page 3
Findings and Decision
Application No. (File No.)
The proposed structure will comply with all current regulations for building permits. The proposal will also
comply with requirements for landscaping and screening, set forth in the Zoning Ordinance, and building design,
to ensure compatibility with surrounding uses.
5. The proposal will not adversely affect the public infrastructure.
There is no indication that public infrastructure would be affected by the proposal. The applicant will be
required to extend and construct the appropriate city utilities in accordance with current City of Auburn
Standards.
DECISION
Based upon the application and Findings of Fact and Conclusions of the staff report, the Hearing Examiner
recommends that the City Cotmcil approve the conditional use permit.
Dated this 14th day of July, 2003, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of
Auburn.
Diane L. VanDerbeek, Hearing Examiner
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the
discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than
seven days from the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing
Examiner, 25 West Main Street, Auburn, WA. 98001-4998.
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the
Cotmcil at their July 21, 2003, meeting. At the July 21, 2003, meeting the Council may either afl-mn the Examiner's
recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing.
HE'DEC\CUP03-2 Page 4