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HomeMy WebLinkAboutItem VIII-A-2AGENDA BILL APPROVAL FORM A,qenda Subiect Date: Ordinance No. 5783 7/31/2003 Department: Attachments: Budget Impact: Ordinance No. 5783 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 5783. Back,qround Summary: Ordinance No. 5783 would authorize the conditional use permit to allow construction of an additional 3,440 square-foot duplex on .91 acre lot with four existing duplexes. The property is located at 9xx 24th Street NE. HE\ORD-RES\ORD5783 L0804-1 O3.10.1 CUP Reviewed by Council & Committees: Reviewed by Departments & Divisions: [] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O [] Airport [] Finance [] Cemetery [] Mayor [] Hearing Examiner [] Municipal Serv. [] Finance [] Parks [] Human Services [] Planning & CD [] Fire [] Planning [] Park Board I-IPublicWorks [] Legal [] Police [] Planning Comm. [] Other [] Public Works [] Human Resources Action: Committee Approval: r'lYes []No Council Approval: []Yes []No Call for Public Hearing / /__ Referred to Until / / Tabled Until / / Councilmember: Borden Staff: Krauss Meeting Date: August 4, 2003 Item Number: VIII.A.2 AUBU · MORE THAN YOU IMAGINED ORDINANCE NO. 5783 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ADDITIONAL 3,440 SQUARE- FOOT DUPLEX ON .91 ACRE LOT WITH FOUR EXISTING DUPLEXES, LOCATED IN THE 900 BLOCK OF 24TM STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. CUP03-0002 dated March 14, 2003, was submitted to the City of Auburn, Washington, by Hans Peter Brandt, for a Conditional Use Permit to allow construction of an additional 3,440 square-foot · duplex on .91 acre lot with four existing duplexes, located on property in the 900 block of 24th Street NE, within the City of Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing thereon, along with staff review; and WHEREAS, the Hearing Examiner held a public hearing to consider said application in the Council Chambers of the Auburn City Hall, on June 17, 2003, and thereafter, the Hearing Examiner recommended approval of the application on July 14, 2003. WHEREAS, on July 21, 2003, the City Council considered said request and affirmed the Hearing Examiner's recommendation for the issuance of a Conditional Use Permit to allow construction of an additional 3,440 square-foot duplex on .91 acre lot with four existing dUplexes, on property located in the 900 Ordinance 5783 July 23, 2003 Page I block of 24th Street NE, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to-wit: FINDINGS OF FACT 1. 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. 2. The R3-Two-Family (Duplex) 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 3,600 square feet of lot is provided for each dwelling unit. Ten duplexes on this lot would equal about 3,960 square feet per dwelling unit. 3. 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. 5. In accordance with Auburn City Code Section 18.64.060, the conditional use permit shall be implemented within two years of the approval. If a Residential zone, under the provisions of~ Ordinance 5783 July 23, 2003 Page 2 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. 1. 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 be any use generally permitted in the district. Ordinance 5783 July 23, 2003 Page 3 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 construed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. Ordinance 5783 July 23, 2003 Page 4 proposal. appropriate Standards. 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. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be affected by the The applicant will be required to extend and construct the City utilities in accordance with current City of Auburn DECISION For each of the above reasons, the. recommendation of the Hearing Examiner to the Auburn City Council is approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. A Conditional Use Permit is hereby approved to allow construction of an additional 3,440 square-foot duplex on .91 acre lot with four existing duplexes, on property located in the 900 block Of 24th Street NE, in the City of Auburn, County of King, State of Washington, and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference. Ordinance 5783 July 23, 2003 Page 5 Section 2. Administrative Authority. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder or the validity of its application to other persons or of this ordinance, circumstances. Section 4. Recording. 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. Ordinance 5783 July 23, 2003 Page 6 Section 6. Effective date. 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: PETER b. LEWIS MAYOR Danielle E. Daskam City Clerk APPRO.¥~D~~AS T.Q-FO R~~..,~~ PUBLISHED: Ordinance 5783 July 23, 2003 Page 7 LEGAL DESCRIPTION PA TI~E WEST 64.245 FEET OF THE SOIYFH 210 FEET. OF THE N(~RTH 240 FEET OF THAT CERTAIN PARCEL OF LAND SITUATE IN TIIE WILl,lAM AND ELIZABETH BRANNON I[~)NATION CLAIM-NO. 37 IN SECTIONS 6 AND 7; TOWNSHIP 21 NORTII, RANGE5 EAST, WILLAME'I~FE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOI,LOWS: BEGINNING AT A POINT 11092 FEET EAST OF A STONE AT THE SOUTHWEST CORNER OF TIlE NORTH HALF OF TIlE WILLIAM BRANNON DONATIONCLAIM NO..37 AND RUNNING TItENCE NORTH 00°19'50" WEST 678 FEET; THENCE WEST 312 FEET; THENCE SOUTI100019~50" EAST 678 FEET; THENCE EAST 31.2 FEET TO Tile POINT OF BEGINNING. PARCEl, B: THE WEST 128.49 FEET OF. THE NORTH 339 FEET OF TllAT CERTAIN PARCEl., OF LAND SI~I1JATED IN THE WILl.lAM A ND ELIZ&BETH BRAN NON .DONATION CLAIM NO. 37 IN SEC*I'IONS 6 AND7, TOWNSItIP 21 NORTH, RANGE 5 EAST,. WILLAME'VI'E MERIDIAN, IN KING COUNTY, WASIHNGTON, DF. SCRIBED AS FOLLOWS: BEGINNING AT A POINT 1092 FEET EAST OF A STONE AT THE SOUTItNVEST coRNER O/? THE NORTH HALF OF Tile WII,I.IAM. BRANNON DONATION LAND CLAIM NO..37 AND RUNNING TIIENCE NORTH 00o19'50" -WEST 678 FEET; THENCE WEST 312' FEET; THENCE SOUTH 00°19'50" EAST 678 FEET; THENCE EAST 312 FEET TO TIlE POINT OF BEGINNING; EXCEPT THE NORTH 240 FEET THEREOF; Ordinance NO. 5783 Exhibit PARCEL C: THE EAST 64.245 FEET OF 'FilE WEST 1.28.49 FEE.T.OF TIlE SOUTH 210FEET OF TIlE NORTH 240 FEET OF'TIIAT CERTAIN PARCEL OF LAND SITUA'FEI) IN TIlE wiI,LI. AM ' t~ND ELIZABETH BRANNON DONATION Cl.,AIM NO. 371N tiE(YFIONS 6 AND 7, TOWNSltlP 21 NORTH, RANGE 5 EAST, WILl ,AMETTE MERIDIAN, IN KING COUNTY, WASliINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1092 FEET EAST Ol? A SI'ONE Al7 TIlE SOUTIIWEST ODRNER OF TIlE NORTH HAIA* OF Tile WH.,LIAM BRANNON DONATION LAND CLAIM NO. 37 AND RUNNING THENCE NORTll. 00°19~50, WEST678FEET; TIIENCE WF~T 312 FEET; THENCE SOUTIi 00°19?fl}" EAST 678 FEET; TItENCE EAST 312 FEET TO TItE POINT OF BEGINNING.