The URL can be used to link to this page

Home My WebLink AboutITEM VII-DCITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Preliminary Plat Application No. PLT03-0003 Date: 12/30/2003 Department: Attachments: Budget Impact: Planning Application, site plan, DNS, Notice of Application, Hearing Examiner's report and Hearing Examiner's decision on associated variance request, file no. VAR03-0012 Administrative Recommendation: City Council to accept the Hearing Examiner's recommendation and direct the City Attorney to prepare the necessary Resolution for preliminary plat approval. Background Summary: The requested application is a preliminary plat to create a 10-lot subdivision on approximately 1.87 acres. The property is located within the 'T' Institutional district. The Hearing Examiner held a public hearing on the request December 16, 2003 and recommended approval of the application consistent with the staff recommendations. PLT03-0003 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 []Public Works [] Legal [] Police [] Planning Comm. [] Other [] Public Works [] Human Resources Action: Committee Approval: []Yes []No Council Approval: []Yes []No Call for Public Hearing / /__ Referred to Until / / Tabled Until / / Councilmember: Singer Staff: Krauss Meeting Date: January 5, 2004 Item Number: VII.D AUBURN * THAN YOU IMAGINED PRELIMINARY PLAT APPLICATION Sec. Twp. Rng. Zone Existing APPLICATION NUMBER Area Code Sched. Hearing Date Received COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. iF ADDED SPACE IS NEEDED, ATrACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. NAME OF SUBDIVISION: Total area of subdivision: Acres: Total number of lots: I o Total number of dwelling units: PropoSed zoning: ~ Ex/sting zon/ng: ~ Sq. Ft.: Proposed land use: Minimum size of lot as shown on plat: M/n/mum lot width as shown on plat: Minimum lot depth as shown on plat: Proposed source of domestic water supply: sq. ft. feet feet Proposed sewage disposal system: PreJ~m~nary Plat Application No., - Page 2 Al I. PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE I.F. GAL DESCR/PTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE RF. AD AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHN~NTS. PARCEL NUMBER NAME, ADDRESS & PHONE NUMBER (Please Print) SIGNATURE AGENT and/or OWNER'S REPRESENTATIVE: Name: Address: City/Phone: Preliminary Plat Application No. ' - Page 3 ' LEGAL DESCRIFIION OF PROPERTY FEE PAYMENT: TR. # CASHII=~R'S ~ DATE RECEIVED' ' PLANNING DIRECTORS ACCEPTANCE OF COMPI,ETED APPLICATION Signature Date Peter B. Lewis, Mayor FINAL DETERMINATION OF NON-SIGNIFICANCE SEP03-0044 DESCRIPTION OF PROPOSAL The request for preliminary plat approval to create 10 lots on a 1.87-acre lot in the Institutional zonin.q district. The request also includes the demolition of the existin.q 5,600 square foot buildinq, site preparation, the installation of a new cul-de-sac road and commensurate utilities associated with the subdivision. The applicant has also requested vadance related to landscaping and lot orientation requirements. PROPONENT Alan Poe, Poe En,qineedn,q for Gerry Honeysett. LOCATION 510 17th Street SE, at the southwest corner of the 17th Street SE and "F" Street SE intersection. LEAD AGENCY City of Aubum The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (ELS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a COmpleted environmental checklist and other information on file with the lead agency. This information is available to the public on request. RESPONSIBLE OFFICIAL: POSITION/TITLE: ADDRESS: DATE ISSUED: November 24, 2003 Paul Krauss, AICP Director, of the Department of Planning & Community Development 25 West Main Street Auburn, Washington 9800,1 ,~ (253) 931-309~"~/ //' / Note: This determination does not constitute approval of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal will be required to meet all applicable regulations. Any person aggrieved of this final determination may file an appeal with the Aubum City Clerk within 21 days of the date of issuance of this notice. All appeals of the above determination must be filed by 5:00 P.M. on December 15~ 2003. CITY OF * AUI URN WASHINGTON Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 · www.ci.auburn.wa.us · 253-931-3000 NOTICE OF APPLICATION This notice is to inform you that the City of Auburn has received the following application that may be of interest to you. The application may be reviewed at the City of Auburn Department of Planning and Community Development, 25 West Main Street, Auburn, WA. Nature of Project or Request: The request for preliminary plat approval to create 10 lots on a 1.87-acre lot in the 'T', Institutional zoning district. The request also includes the demolition of the existing 5,600 square foot building, site preparation, the installation of a new cul-de-sac road and commensurate utilities associated with the subdivision. The applicant has also requested a variance related to landscaping and lot orientation requirements. Location: 510 17th Street SE, at the southwest corner of the 17th Street SE and "F" Street SE intersection. Date of Notice of Application: November 4, 2003 Permit Application Date: October 14, 2003 Date of Notice of Completeness: November 3, 2003 File No: PLT03-0003, VAR03-00'I 2 Applicant: Alan Poe, Poe Engineering In addition to the preliminary plat and variance applications, the applicant has also filed an environmental checklist application (SEPA File No. SEP03-0044). Based on the City's review of this environmental checklist application, the City expects to issue a Determination of Non- Significance (DNS) for the proposal in accordance with the optional DNS process identified in WAC 197-11-355. The review process for approval of the proposal may include requiring mitigation measures under applicable codes and imposition of mitigation measures regardless of whether an Environmental Impact Statement (ELS) is prepared. This may be your only opportunity to comment on the environmental impacts of the proposal. Other Permits Required: No other permits are required for this action. Additional permits in support of the applicant's plat could include, but is not limited to a Final Plat application and permits facility extensions, building permits and permits for electrical, mechanical and plumbing. Additional Studies Provided with the Application: There are no additional studies associated with this application. Public Comment Period: You are invited to comment, request a copy of the addendum and be made aware of any appeal rights. Comments must be received in writing by the Auburn AUBURN * MORE THAN YOU IMAGINED Department of Planning and Community Development at 25 West Main, Auburn, WA 98001- 4998 before $:00 p.m. on November '19, 2003, Public Hearings: A public hearing is required for the project and is tentively scheduled for December 16, 2003 at 7:00 p.m. in the Council Chambers at Auburn City Hall. A separate notice for that hearing will be sent to you in the future. Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan, Uniform Building Code, Uniform Fire Code and Auburn Design and Construction Standards. Proposed Mitigation Measures: The City has issued a Proposed Determination of Non- Significance, there are no mitigation measures identified. If you have further comments or questions related to this application, you may contact Sean Martin of the Planning Department at (253) 931-3090. If you call or write, please reference File No., SEP03-0044, PLT03-0003 or VAR03-0012. WIS, M , 25 west Main Slreel' ~ Aubum WA 98001-4998 ~ www. cLaubum.wa.us ~ 253-93! -30 December 24, 2003 Gerry Honeysett PO Box 1406 Auburn, WA 98071-0012 RE: APPLICATION NO. PLT03-0003 Dear Mr. Honeysett: Attached is ' ' - · the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on December 16, 2003. The City Council will consider your request on January 5, 2004 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 Cotmcilmembers might have regarding your proposal. If you have any questions regarding the attached, please give us a call. Sincerely, Paul Kranss, AICP Director PK:pz Attachment cc: Poe Engineering Building Department Public Works Department City Clerk (interested persons) 1HEkDECkPLT03 -0003 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: PLT03 -0003 Gerry Honeysett Preliminary Plat approval for 10 lots 510 17th Street SE, Auburn, WA 98002 October 14, 2003 Final Determination of Non-Significance issued November 24, 2003 December 16, 2003 December 24, 2003 Recommend Approved Scan Martin, Senior Planner Charlene and Frank Rice Exhibit gl: 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. HEkDECLPLT03-0003 Page 2 Findings and Decision Application No. PLT03-0003 o 10. FINDINGS OF FACT The owner of the subject lot has requested preliminary plat approval of a 10-lot subdivision on approximately 1.87 acres. The property is located within the 'T' Institutional district. Auburn City Code (ACC) Section 18.44.040 requires a minimum lot size of 6,000 square feet a minimum lot depth of 80-feet and a minimum lot width of 60 feet. ACC 17.12.250(D) requires that corner lots designated for ~esidential uses shall be platted at least five feet wider than required by the Zoning Ordinance. Each of the proposed lots meets or exceeds these minimum thresholds.. The existing lot has frontage on two streets, 17a Street SE and "F" Street SE, both are classified as arterial roads in the City's Transportation Plan. Direct access to arterials is not permitted for individual single- family lots in accordance with Auburn City Code 17.12.250. The existing lot is developed with a church and parking area that will be demolished under a separate permit application. The City of Auburn will provide police protection, fire protection, and public utilities. The plat is within the Auburn School District and the City collects impact fees for the school district. The applicant shall be required to pay the applicable transportation impact fee at the time building permits are sought for the individual dwelling units. The applicant has not proposed a gated community. The applicant has requested a variance for relief from the landscaping standards of the 'T', Institutional district and has requested a variance for an alternate interpretation of lot orientation requirements for proposed lot 10. The variance request does not necessarily impact the proposal's compliance with Code requirements and is being processed separately. The contents of the case file PLT03-0003 and environmental file SEP03-0044 of this.project are hereby incorporated by reference and made part of the record of this hearing. At the time of the public hearing, several neighbors appeared to inquire about the project and express concerns such as the traffic that the proposal would generate. HE~LT03-0~3 Page 3 Findings and Decision Application No. PLT03-0003 .C. ONCLUSIONS OF LAW The Hearing Examiner has concluded based on the Staff Report, the evidence and testimony at the public hearing, and a subsequent view of the site, that the preliminary plat may be approved in that it is consistent with the following criteria necessary to approve a preliminary plat as outlined in Section 17.06.070 of the Land Division Ordinance. ' Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. Adequate provisions have been or can be provided to serve the plat. Public utilities, public schools and a new street will serve the proposed plat. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. The proposed plat is consistent with the intent of the Comprehensive Plan in so much that the "Public/Quasi Public" designation supports the 'T', Institutional zone, which permits single family residential development. 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. The proposed plat is consistent with adopted policies and plans. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. The plat is consistent with the purpose of the Land Division Ordinance. Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. The plat has been or.is capable of being designed in accordance with all applicable engineering requirements including the City's Design and Construction Manual and all development standards of the Auburn Zoning Ordinance. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. The proposal was evaluated under SEPA, City file no. SEP03-0044. The City issued a Determination of Non-Significance on November 24, 2003 for the proposal. HEkDEC~LT03-0003 P~e4 Findings and Decision Application No. PLT03-O003 DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Preliminary Plat application is Approved, subject to the following conditions: Dated this 24 day of December, 2003, pursuant to the authority eranted under Chapter 18.66, Zoning Ordinance, City of Auburn. Diane L. V~ek, Hearing Examiner ..REQUEST FOR RECONSIDERATIOI~I 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 ~.o._u_n_c. il ~ their J_anuar~..5., 2004, m~tmg. At the January 5, 2004, meeting the Council ma either ~ammers recommendatio-- remand, a.~ .~_A: ........... Y affirm the hearing. --, ,, -,o u~,on oacic to me nxammer, or schedule a closed record public HE~DEC'~LT03-0003 HEkDEC~LT03-0003 Page 5 Findings and Decision Application No. PLT03-0003 _.DECLARATION OF MAILING CITY OF AUBURN ) ) COUNTY OF KING ) · On the 24th day of December, 2003, I deposited into the United States of America mail, postage prepaid, copies of the foregoing addressed to the applicant and patties of record. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is tree and correct. Signed at Auburn this 24th day of December, 2003. Department of Planning & Community Development I'IL~DE~T03~3 Page 6 Peter B. Lewis, Mayor 25 W~ ~in Street, Auburn WA 98001-4998, www.ci.aubum.wa. US ~ 253-931-3000 December 24, 2003 Gerry Honeysett PO Box 1406 Auburn, WA 98071-1406 RE: APPLICATION NO. VAR03-0012 Dear Mr. Honeysett: Attached is the Hearing Examiner's official decision regarding your request that was considered by the Hearing - Examiner on December 16, 2003. Please be advised that the variance is only valid for a one-year period, beginning with Final Plat approval. Within the one year, you must obtain either a building permit, occupancy permit or business registration in accordance with the variance that was granted. Please note the variance is specific to your preliminary plat application. If you have any questions regarding the attached, please give us a call. Sincerely, Paul Krauss, AICP Director PK:pz Attachment cc: Poe Engineering Building Department Public Works Department City Clerk (interested parties) HEkDEC~VAR03-0012 Page 2 Findings and Decision Application No. VAR03-0012 ~ ~"*~'~ ' WASHINGTON 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: VAR03-0012 Gerry Honeysett Variance to the front lot line designation for determining the front yard setback for a proposed lot in a preliminary plat application (ACC 18.04.570) and a variance to eliminate certain required on- site landscaping (Auburn City Code 18.50.050(DX1) and (3)). 510 17th Street SE, Auburn, WA 98002 10-14-03 Exempt December 16, 2003 December 21, 2003 Approval Scan Martin, Senior Planner Exhibit #1: Case 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 HEkDEC~VAR03-0012 Page 2 Findings and Decision Application No. VAR03-0012 The applicant is proposing to subdivide the subject 1.87-acre property into 10 lots for single-family dwellings. The preliminary plat is being processed by the City under application No. PLT03-0003. Auburn City Code (ACC) Chapter 17.18 entitled "Modifications", outlines how modifications to standards and specifications in the subdivision code may be processed. ACC section~'l 7.18.030 outlines findings that must be made to grant a modification to subdivision standards. ACC 17.18.030 (G) states, "G. The modification cannot lessen the requirements of the Zoning Ordinance. Any such modification must be processed as a variance pursuant to Section 18.70.010 of the Zoning Ordinance." 4. The applicant has requested modifications to two zoning ordinance requirements. In accordance with ACC section 17.18.030(G) above (Finding of Fact 3), these must be processed as variance requests. 5. Specifically, the applicant is requesting a variance for each of the following: (a) To eliminate the Code required landscaping along the subject property's street frontage and along the subject property's interior lot lines adjacent to other zones as required by Auburn City Code 18.50.050(D)(1) and (3), respectfully; and, (b) To allow an alternate lot configuration for one of the proposed corner lots, by allowing the front lot line for setback purposes to be a non-arterial street rather than the arterial street frontage. Landscai~in~ Variance 6. With respect to the variance to the landscaping requirement, ACC 18.50.050(D), pertaining to landscaping standards in the I (Institutional) zone, states, (emphasis added) "D. I_, LHI, C-l, LHC1, C-2, C-N, P-l, and LHP1 Districts. 1. Street frontage: five-foot width of Type III, no street frontage landscaping is required for the C-2 zone except for parking lots and as may be required by ACC 18.28.050(F); 2. Adjacent to R-R, R-S, LHRS, R-l, LHR1, R-2, LHR2, R-3, or LHR3 zone: five-foot width of Type II, adjacent parking or driveways will require a five-foot width of Type I; 3. Adjacent to R-4, LHR4, RO, RO-H, R-MHP, or LHRMHP zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II." The subject property is zone Institutional (I) fronts two streets: 17th Street SE and F Street SE. ACC Section 18.50.050(D)(1) above requires a five-foot width of Type III landscaping along the full extent-of both street frontages. The subject property is abutted to the south and to the west by properties zoned R4, Multiple Family Residential. ACC section 18.50.050(3) above requires a five-foot width of Type III landscaping along the west and south property lines. The applicant's first variance request is to eliminate the required landscaping under ACC Section 18.50.050(1) and (3). HE~EC~VAR034)012 Page 3 Findings and Decision Application No. VAR03-0012 Variance to Front Lot line Desiqnation for a Comer Lot The subject property is located at the southwest corner of the "F" Street SE and 172 Street SE intersection, with direct frontage on both streets. The City's Comprehensive Transportation Plan classifies each street as an arterial. o The proposM preliminary plat (PLT03-0003) would create a corner lot (proposed Lot 10) with frontage on an arterial Street (F Street SE) and with frontage on an interior plat street (that would not be a designated arterial stree0. 9. Front and rear yard property lines for corner lots are applied in accordance with Auburn City Code 18.04.570(A)(2) and (B), which state: "18.04.570 Lot lines. "Lot lines" means the lines bounding the lot. A. Front lot line: 2. For a corner lot, the front lot line shall be that lot line(s) which abuts a designated arterial. If neither or both is/are a designated arterial, the builder/owner shall at the time of applying for a permit have the option of selecting which lot line shall be the front lot line, the other line lot abutting the intersecting street shall become a street side yard. B. Rear lot line: the line opposite, most distant and most parallel with the front lot line... I0. Proposed lot 10 has frontage on an arterial street (F Street SE). Pursuant to ACC 18.04.570(A)(2), the property line along F Street SE would be the front lot line for setback purposes (meaning the west lot line of proposed lot 10 would be the rear lot line). 11. The 'T', Institutional zone requires a 20-foot front yard setback and a 25-foot rear yard setback in accordance with Auburn City Code 18.44.050(FX1) and (4), respectfully. These setback requirements present difficulties for the development of proposed lot 10 if the front lot line designation (designating the F Street SE arterial as the front lot line and the west lot line as the rear lot line) applied pursuant to ACC 18.04.570(A)(2). 12. The applicant has therefore requested a variance to allow the non-arterial street (to be created as part of the preliminary plat) to be the designated front lot line (meaning the south lot line of proposed lot 10 would be the rear lot line for setback purposes). 13. The contents of this case file of this project are hereby incorporated by reference and made part of the record of this hearing. 14. At the time of the hearing, several neighbors appeared to obtain additional information about the project and express concern regarding issues such as traffic and drainage. HEkDECWAR03-0012 Page 4 Findings and Decision Application No. VAR03-0012 CONCLUSIONS OF LAW The Hearing Examiner has concluded based on the staff report, the applicant's and the public testimony and a review of all available evidence, that the requested variances should be approved as the applicant has met the burden of proof in demonstrating that it is consistent with all of the following criteria necessary to grant the variances as outlined ',m Auburn City Code Section 18.70.010(A)(1) through (10). An analysis of the application supporting the variance criteria follows. 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 Ordinance. (a) Landscaping The underlying plat proposal is a subdivision consistency of Single-family dwellings on individual lots. While the "Institutional" zoning district requires street fi'ontage landscaping and landscaping to the adjacent R4, Multiple Family zone, the code provision creates an unnecessary hardship related to the consistency of this proposal with other single-family developments. The City does not typically require street frontage landscaping or landscape buffer to more intensive uses. (b) Lot orientation The application of the lot Orientation requirements to proposed lot 10 creates a lot with a building envelope of less than 20-feet. This narrow building envelope impacts the reasonable development of the lot and the ability to develop that lot consistent with the other housing designs of the subdivision. 2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of the Zoning Ordinance will not allow a reasonable and harmonious use of such lot. (a) Landscaping Allowing the subject property to develop with standards consistent with other single-family development in the City advances the reasonable and harmonious use of the site. The landscaping requirement is primarily intended to address compatibility issues involving institutional type uses with adjoining land uses. Single- family residential developments are generally one of the least intensive land uses, and the buffeting and aesthetics offered by the landscaping requirement are not necessary in this instance. (b) Lot orientation Allowing the subject property to develop with an alternative front lot line designation advances reasonable and harmonious use of the lot. Driveway access for the lot will need to be offofthe non-arterial street, and allowing the non-arterial as the front lot line will allow the dwelling to be situated and oriented on the property similar to the other proposed interior lots. 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 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. (a) Landscaping HE-SDECSVAR03 -0012 Page 5 Findings and Decision Application No. VAR03-O012 The granting of the variance will not alter the character of the neighborhood. Single-family developments are not commonly required to provide landscape buffers. The applicant will be required to provide landscaping in the public right-of-way consistent with other single-family residential developments in the City. In addition, the City anticipates that either the builder or the homeowner will plant trees in the yards of the finished lots, advancing the character of the proposal as a single family subdivision. (b) Lot orientation Granting of the variance will enable the developer to develop a single family dwelling on the lot consistent with the orientation of other single-family homes on the proposed interior road that will be created with the plat. The use of the lot does not change as a result of the variance. The lot meets the minimum lot size requirement. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners. The need for the variances is not directly related to a specific action of the applicant or past property owner. Literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. (a) Landscaping Requiting the subject property to develop with the landscaping requirements would impose requirements that are not normally required of developers of single-family residences. The need to provide landscaping in accordance with the Code requirements creates as undue burden on this particular applicant that other developers of similar projects are not required to provide. (b) Lot orientation Other developments in the same zoning district would be less affected by lot orientation requirements because of the flexibility in designing uses with parking or supporting features based on the placement of the building within the building envelope of the lot. The development ora viable single-family lot provides consistent setbacks and functional yards. The application of the Code dictated lot orientation requirements denies the applicant the flexibility to develop the site and construct a stmcturesimilar in character and function to the other lots of the subdivision. 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. The Zoning Code provides for the granting of variances if certain findings and conclusions of law can be developed to support the approval criteria. In this case, it appears that the criteria can be met and its approval would therefore be consistent with the purpose of the Zoning Code. The variance will not allow an increase in the number of dwelling units permitted by the zoning district. The variance will not allow for an increase in the number of dwelling units permitted in the zoning district. 8. The authorization of such variance will not adversely affect the Comprehensive Plan. There is no indication that the Comprehensive Plan will be adversely affected. I-IEkDEC~VAR03 -0012 P~e6 Findings and Decision Application No. VAR03-O012 9. The variance shall, not allow a land use that is not permitted under the zoning district in which the property' is located. The variance would not allow a land use that is not permitted under the zoning district in which the property 10. The variance shall not change any regulations or conditions established by surface mining permits, conditional use l~ermits or contract rezones authorized by the City Council. There are no other regulations or conditions that apply. DECISION On the basis of the evidence presented including the applicant's submittal, the Facts and Findings and Conclusions of the staff report and the testimony presented, the Hearing Examiner grants the variance request to eliminate the required landscaping along the street fi.ontage and interior lot lines (ACC Section 18.50.050(1) and 0)) and the variance request to allow an alternate designation of the fi.om lot line (designating the non-arterial as the fi.ont lot line rather than the arterial street fi.ontage) for proposed lot 10 of PLT03-0003 subject to the following condition. I. The variances shall be specific to preliminary plat application (and subsequent final plat) associated with City file no. PLT03-0003. Dated this 244 day of December, 2003, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of Auburn. Diane L. VanDer~eek, Hearing Examiner REOUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is'based on error of procedure, f~ct 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. NOTICE OF RIGHT TO APPEAl. The decision ofthe Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 10 calendar days fi.om the date ofmailing ofthe Examiner's report. The appeal must be filed with the City Clerk and state the basis of appeal which may be errors of fact, procedural errors, omissions fi.om the record, errors in interpretations of the Comprehensive Plan or new evidence. See Zoning Ordinance Chapter 18.66 for specific information. The appeal forms can be obtained fi.om the City Clerk. Any appeal to this decision mnst be filed no later than January 5, 2004, by 5:00 p:m. with the City Clerk at the Auburn City Hall, 25 West Main, Auburn, 98001-4998. HE~EC~VAR03-0012 Page 7 Findings and Decision Application No. VAR03-0012 DECLARATION OF MAILING CITY OF AUBURN ) ) COUNTY OF KING ) On the 24th day of December, 2003, I deposited into the United States of America mail, postage prepaid, copies of the foregoing addressed to the applicant and parties of record. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Signed at Auburn this 24th day of December, 2003. Carolyn Brown Departmem of Planning & Community Development HEkDEC~VAR03-0012 . - Page 8