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Home My WebLink About12-20-2004 ITEM VIII-A-3CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: No. CUP04-0003 and Ordinance No. 5887 December 13, 2004 -Application Department: Planning Attachments: Ordinance No. 5887, Budget Impact: H.E. Decision, Staff Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council introduce and adopt Ordinance No. 5887. Background Summary: The Hearing Examiner on November 16, 2004 , conducted a public hearing on the request of Paul Hunt and Egan Logan (Developers Northwest, Inc.) and the owners Joe and Lois Schwartz for a conditional use permit to allow two duplexes on a single lot. The property is located at 1510 3`d Street SE (parcel no. 2149800325). Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional use permit. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. HE\CUP04-3 and ORD 5887 L1220-1 03.10.1 CUP04-0003 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: December 20, 2004 Item Number: Item VIII.A.3 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 5 8 8 7 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW TWO DUPLEXES TO BE BUILT ON ONE LOT IN AN R3 DISTRICT ON POPERTY AT 1510 3RD STREET SE IN AUBURN, WASHINGTON WHEREAS, Application No. CUP04-0003, dated June 18, 2004, has been submitted to the City of Auburn, Washington, by Developers Northwest, Inc. requesting approval of a Conditional Use Permit (CUP) to allow two duplexes to be built on one lot in an R3 district on property at 1510 3rd Street SE in Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on November 16,'2004, of which the Hearing Examiner recommended approval of the Conditional Use Permit on November 26, 2004; and WHEREAS, the City Council, on December 20, 2004, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to -wit: Ordinance 5887 December 15, 2004 Page 1 FINDINGS OF FACT 1. The Applicants requested approval of a Conditional Use Permit (CUP) to allow up to two duplex units on a single lot, which they seek to create by short platting a single lot (SPL04-0001). The Applicants also requested approval for modification of short plat development standards in Auburn City Code (ACC) 17.14.100(E)(1) in association with SPL04-0001, to be located at 1510 3rd Street SE, in Auburn, Washington. The modification is necessary because the proposed short plat does not border on an open, constructed, and maintained public street, as is required under ACC 17.14.100(E)(1), and is landlocked except for a private easement access shared by five other lots. Exhibit 3, page 3; Testimony of Mr. Osaki, Exhibit 3, Attachment E. 2. The subject property is zoned Two -Family (Duplex) Residential (R3). Surrounding properties are zoned R3 in all directions. The Comprehensive Plan Land Use designation of the area is Moderate Density Residential. Property immediately to the south is presently vacant; however, a portion of it is the subject of a separate short plat application. South of that property is a railroad right-of-way and State Route 18. The parcel to the east is vacant, but appears to have a mobile home parked on it. On the lot west of the subject property, there is multifamily residential development, which is common in the vicinity. Exhibit 1, page 2; Exhibit 1, Attachment F, Aerial Photograph. The intent of the R-3 duplex residential district is to permit an increase in density by permitting two dwelling units on a minimum size lot while maintaining a desirable family living environment through minimum lot areas, yards, and open spaces. ACC 18.16.010. 3. Written Notice of Application and Notice of Hearing on both the CUP and the modification applications were mailed to surrounding property owners and posted on the property at least ten days prior to the hearing. Exhibit 1, Attachments C, D, and E, Exhibit 3, Attachments D and E, Testimony of Mr. Osaki. 4. There is one existing single-family residence presently on the subject property. The property is oversized and underutilized in a zoning district that encourages higher density residential development. Exhibit 3, page 3; Testimony of Mr. Osaki. The short plat associated with the present ---------------------------- Ordinance 5887 December 15, 2004 Page 2 applications (SPL04-0001) would subdivide the subject property into two lots. The Applicants propose to retain the existing residence on one lot, and to develop the remaining portion, to be known as Lot E, with up to two duplex units. Exhibit 1, page 2. Two duplex units are permitted on a single lot in the R3 district with a conditional user permit, provided that at least 3,600 square feet of lot area is provided for each dwelling unit. ACC 18.16.030(G). Lot E would have an area of 14,690, which would allow for at least 3,600 square feet per dwelling unit. Exhibit 1, page 2. Conformity with setback and other development standards would be addressed at short plat approval and building permit review. The Applicants would be required to construct and install public utility connections prior to building permit approval. There is no indication that the proposed density would negatively impact public infrastructure. Exhibit 1, page 3; Testimony of Mr. Osaki. 5. The Comprehensive Plan Land Use designation for the subject property is Moderate Density Residential. Land Use Policy 34 promotes construction of moderate density residential development as a buffer between single-family residential and more intense uses. The area is developed with a mix of single-family and multifamily development, but has a railroad right-of-way and state highway located to the south. City staff testified that development of the subject property with moderate density multifamily residential units would act as a buffer between the more intense public transportation uses to the south and single-family development farther north. Exhibit 1, page 3; Testimony of Mr. Osaki. Construction of two duplexes on Lot E would be consistent with surrounding development and would not alter the residential character of the neighborhood. Exhibit 1,page 3, Exhibit 1, Attachment F, Aerial Photograph. 6. CUPs approved in the City of Auburn have a two year expiration date. If building or occupancy permits are not issued within two years, the CUP becomes null and void. ACC 18.64.060. 7. City planning staff reviewed the CUP application for consistency with applicable development regulations and policies and recommended approval subject to the condition that if the short plat application is not approved, the CUP should be denied. Exhibit 1, page 4; Testimony of Mr. Osaki. --------------------------- Ordinance 5887 December 15, 2004 Page 3 8. The subject property is accessed by a private ingress/egress/utility easement (private access easement) that connects to 3 I Street SE over adjoining private property. Exhibit 1, page 2; Exhibit 1, Attachment F, Aerial Photograph. Presently, the private access easement serves six lots and one tract immediately south of the subject property. Exhibit 1, Attachment 8, Easement. 9. The City's subdivision rules regulate the division of land for the following purposes: to promote public health, safety, and general welfare; to prevent public nuisances; to prevent overcrowding and congestion; to promote safe travel on public roadways; to promote the effective use of land; to provide for adequate light and air; to facilitate adequate provision of water, sewer service, drainage, parks, recreational areas, and school grounds; to provide for proper ingress and egress; to promote adequate housing and commerical space to meet area needs; to provide expeditious review of proposed land divisions; and, to implement the goals, objectives, and policies of the Auburn Comprehensive Plan. ACC 17.02.030. 10. The City of Auburn requires all short subdivisions either to border on an opened, constructed, and maintained public street, or to border on a private street, access easement, tract, or panhandle having direct access to such a public street. Where private easement access is used, the City requires the access to be improved or guaranteed to the City of Auburn and be in conformance with the City of Auburn design and construction standards. ACC 17.14.100(E)(1). 11. Strict application of the requirements of ACC 17.14.100(E)(1) would prevent the Applicants from being able to develop underutilized land consistent with City land use policies and goals and consistent with the ability of owners of surrounding properties that are not landlocked. Exhibit 3, page 3. 12. Developers may request modification of any standard or specification established Auburn's subdivision regulations. The hearing examiner may recommend, and the city council may approve, a modification upon making the findings of fact in ACC 17.18.030 (listed in the criteria for review, below). ACC 17.18.020. ---------------------------- Ordinance 5887 December 15, 2004 Page 4 13. Without approval, the subject property would remain the largest parcel in the area. Approval of the modification would allow access and would thus allow additional multifamily residential development. Without the requested modification from City road standards, the subject property would remain underdeveloped. Exhibit 3, page 3. Approval of the modification would not render the project inconsistent with any other provisions of the Comprehensive Plan or the zoning code, nor with the existing character of the neighborhood. Testimony of Mr. Osaki; Exhibit 3, page 3. 14. Approval of the requested modification would be consistent with the purpose of the subdivision code because it would further the goals of achieving higher urban densities in the underlying district, increase available housing, and promote the effective use of land. Utility and circulation plans would not be impacted because there is no possibilty for extension to the south due to the railroad right-of-way and state highway. Exhibit 3, page 3. CONCLUSIONS OF LAW Pursuant to ACC 18.64.040, to recommend approval of a conditional use permit, the Hearing Examiner must find that: 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 not more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the area. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal complies with all requirements of the zoning ordinance. 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. 5. The proposal will not adversely affect public infrastructure. Ordinance 5887 December 15, 2004 Page 5 Conclusions Based on Findings 1. Approval of the CUP allowing two duplexes on Lot E would not be detrimental to surrounding properties or the general public welfare. Duplexes are permitted outright in the R3 district, and Auburn's zoning code specifically contemplates two duplexes on one lot with issuance of a CUP. The land use designation is moderate density residential. There are duplex and larger multifamily developments in the vicinity. Lot E will exceed the minimum area requirement of 3,600 square feet per unit if four dwelling units are developed. Conformance with setbacks will be ensured through building permit review. The record contains no evidence indicating that to allow four units on the large Lot E would negatively impact surrounding development. Findings of Fact Nos. 2 and 4. 2. Approval of a CUP to allow construction of two duplexes on Lot E will be in conformance with the Comprehensive Land Use Plan. The land use designation of the subject property is Moderate Density Residential. The parcel is large and currently underutilized. Construction of two duplex units, rather than one, would better serve the purposes of Land Use Goal 34 by serving as an increased buffer between the more intense public transportation uses to the south and single-family development in the area. Findings of Fact Nos. 2, 4, and 5. 3. Approval of a CUP to allow construction of two duplexes on Lot E will be in conformance with the requirements of the underlying zoning district. Zoning regulations allow two duplex units on one lot provided that at least 3,600 square feet of lot area is provided to each dwelling unit. Lot E would have an area of 14,690 square feet, which would allow for at least 3,600 square feet per dwelling unit. Compliance with setbacks and all other zoning district requirements will be ensured through the short plat and building permit processes. Finding of Fact No. 4. 4. Construction of up to two duplexes on Lot E will be harmonious with surrounding development. The neighborhood is characterized by a mix of single-family, duplex, and multifamily residential development, with a railroad right-of-way and state highway not far to the south. Lot E, if approved, will be large and provide adequate space for up to four Ordinance 5887 December 15, 2004 Page 6 dwelling units. Appearance and design of any residential structures will be reviewed for consistency with the character of the neighborhood at short plat approval and building permit review. Findings of Fact Nos. 2, 4, and 5. 5. Construction of up to four dwelling units will not adversely impact public infrastructure. Utilities connections will be provided by the Applicants prior to building permit issuance. No impacts to utilities or circulation plans are anticipated because there is no possibility of a through connection to the south due the railroad right-of-way and highway. Finding of Fact No. 4. DECISION For each of the above reasons, the Hearing Examiner recommended approval the Conditional Use Permit to the Auburn City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the Conditional Use Permit to allow two duplexes to be built on one lot in an R3 district on property at 1510 3rd Street SE in Auburn, Washington, legally described in Exhibit A attached hereto, is hereby approved. Section 2. 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 ---------------------------- Ordinance 5887 December 15, 2004 Page 7 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. 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, Division of Records and Elections. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. 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. DATED and SIGNED this day of December, 2004. CITY OF AUBURN PETER B. LEWIS MAYOR ---------------------------- Ordinance 5887 December 15, 2004 Page 8 ATTEST: Danielle E. Daskam, City Clerk ---------------------------- Ordinance 5887 December 15, 2004 Page 9 EXHIBIT A LEGAL DESCRIPTION Lot 2 of the City of Auburn short plat no. SP -14-79, as recorded December 6, 1979 under recording no. 7912060706, records of King County Auditor. ---------------------------- Ordinance 5887 December 15, 2004 Page 10 �k CITY OF URN * " WASHINGTON Peter B. Lewis, Mayor 25 West Main Sheet * Auburn WA 98001-4998 * www.cLauburn.wa.us * 253-931-3000 M November 30, 2004 DEVELOPERS NORTHWEST INC PO BOX 73881 PUYALLUP WA 98373 JOE AND LOIS SCHWARTZ MATTHEW L. SWEENEY 3205 SCENIC DRIVE SE PO BOX 7935 AUBURN WA 98092 TACOMA WA 98406 RE: APPLICATION NO. CUP04-0003 and SPL04-0001 Dear Applicants: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on November 16, 2004. The City Council will consider your conditional use permit request on December 20, 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 Councilmembers might have regarding your proposal. Following the conclusion of the City Council meeting, you must return the public notice sign to the City of Auburn Planning and Community Development Department. If the board is not returned or is not legible or is damaged, then City Code requires that the applicant shall pay a replacement fee. The replacement fee must be paid prior to the issuance of any permit, license or any other approval required by the City of Auburn that is related to subject property. If you have any questions regarding the attached, please give us a call. Sinc y Paul Krauss, AICP Director PK: pz Attachment cc: Building Department Public Works Department City Clerk Al TRI TR N * MOR F TH A N YnI i IM AC;l KIFTI BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) Developers Northwest, Inc. ) For Conditional Use Permit and ) Short Plat Request for Modification ) NOs. CUP04-0003 SPL04-0001 FINDINGS, CONCLUSIONS, RECOMMENDATION, AND DECISION This is a consolidated decision that reviews both a request for a Conditional Use Permit and a request for a modification from short plat requirements. One is written as a recommendation to the City Council, the other as a decision consistent with the authority granted the Hearing Examiner in the Auburn City Code. SUMMARY OF RECOMMENDATION The request for approval of Conditional Use Permit (CUP) to allow two duplexes to be built on one lot in an R3 district on property at 1510 3`d Street SE should be GRANTED. SUMMARY OF DECISION The request for approval of modification of short plat development standards referenced in Auburn City Code (ACC) 17.14.100(E)(1) in association with a short plat to be located at 1510 3`d Street SE, in Auburn, Washington is GRANTED. SUMMARY OF RECORD Requests Paul Hunt and Egan Logan, on behalf of Developers Northwest, Inc. ( Applicants), requested approval of modification of short plat development standards referenced in Auburn City Code (ACC) 17.14.100(E)(1) in association with a short plat to be located at 1510 -) Street SE, in Auburn, Washington. The modification was requested in conjunction with a request for Conditional Use Permit (CUP) to allow construction of two duplex units on one lot. Hearing Date An open record hearing was held before the Hearings Examiner of Auburn on November 16, 2004. Testimony At the open record hearing, the following individuals presented testimony under oath: David Osaki, City of Auburn Planning Department Findings, Conclusions, Recommendation. and Decision Hearing Examiner for City o/'Auhurn Developers Northivest, Inc., SPL04-0001 and C'UP04-0003 Page 1 c?1'8 Paul Hunt, Applicant Exhibits At the hearing the following exhibits were admitted as part of the record of this proceeding: Exhibit 1 Staff Report on Conditional tJse Permit Attachment A Vicinity Map Attachment B Application Attachment C Notice of Application Attachment D Notice of Public Hearing Attachment E Affidavit of Posting Attachment F Aerial Photograph Attachment G SPL04-0001 Application (including map page) Attachment H SPL04-0001 "Request for Modification" Exhibit 2 Site plan Exhibit 3 Staff Report on Request for Modification of Short Plat standards Attachment A Vicinity Map Attachment B SPL04-0001 Application (duplicate of Ex.], Att. G) Attachment C SPL04-0001 "Request for Modification" (duplicate of Ex. 1, Att. H) Attachment D Notice of Application Attachment E Affidavit of Posting Attachment F Aerial Photograph (duplicate of Ex.]. Att. F) Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicants requested approval of a Conditional Use Permit (CIDP) to allow up to two duplex units on a single lot, which they seek to create by short platting a single lot (SPL04-0001). The Applicants also requested approval for modification of short plat development standards in Auburn City Code (ACC) 17.14.100(E)(1) in association with SPL04-0001, to be located at 1510 3rd Street SE, in Auburn, Washington. The modification is necessary because the proposed short plat does not border on an open, -- constructed, and maintained public street, as is required under ACC 17.14.100(E)(1), and is landlocked except for a private easement access shared by five other lots. Exhibit 3. page 3: Testimony, c#f Mr. Osaki: Exhibit 3. Attachment E. 2. The subject property is zoned Two -Family (Duplex) Residential (R3). Surrounding properties are zoned R3 in all directions. The Comprehensive Plan Land Use designation 1 The two applications, filed separately by the Applicants and processed separately by the City*s planning department, were consolidated for hearing. The exhibit numbering noted in the two staff reports has been modified for the purposes of this decision document. Findings, Conclusions. Recommendation, and Decision Hearing Examiner fin- Cih o/'Auhurn Developers Northwest, Inc.. SPL04-0001 uncl U, PO4-0003 Page 2 q1'8 of the area is Moderate Density Residential. Property immediately to the south is presently vacant, however, a portion of it is the subject of a separate short plat application. South of that property is a railroad right-of-way and State Route 18. The parcel to the east is vacant, but appears to have a mobile home parked on it. On the lot west of the subject property, there is multifamily residential development, which is common in the vicinity. Exhibit 1, page 2: Exhibit 1, .attachment F'..4erial Photograph. The intent of the R-3 duplex residential district is to permit an increase in density by permitting two dwelling units on a minimum size lot while maintaining a desirable family living environment through minimum lot areas. yards, and open spaces. AC'C 18.16.010. 3. Written Notice of Application and Notice of Hearing on both the CUP and the modification applications were mailed to surrounding property owners and posted on the property at least ten days prior to the hearing. Exhibit 1, Attachments C. D, and E,- Exhibit ;Exhibit 3. Attachments D and E; Testimony of'Mr. 0saki. 4. There is one existing single-family residence presently on the subject property. The property is oversized and underutilized in a zoning district that encourages higher density residential development. Exhibit 3, page 3: Testimony of Mr. O.Vaki. The short plat associated with the present applications (SPL04-0001) would subdivide the subject property into two lots. The Applicants propose to retain the existing residence on one lot, and to develop the remaining portion. to be known as Lot E, with up to two duplex units.2 Exhibit 1. page 2. Two duplex units are permitted on a single lot in the R3 district with a conditional user permit. provided that at least 3.600 square feet of lot area is provided for each dwelling unit. ACC 18.16.030(G). Lot E would have an area of 14,690, which would allow for at least 3,600 square feet per dwelling unit. Exhibit 1, page 2. Conformity with setback and other development standards would be addressed at short plat approval and building permit review. The Applicants would be required to construct and install public utility connections prior to building permit approval. There is no indication that the proposed density would negatively impact public infrastructure. Exhibit 1, page 3: Testimony of Mr. Osaki. 5. The Comprehensive Plan Land Use designation for the subject property is Moderate Density Residential. Land Use Policy 34 promotes construction of moderate density residential development as a buffer between single-family residential and more intense uses. The area is developed with a mix of single-family and multifamily development, but has a railroad right-of-way and state highway located to the south. City staff testified that development of the subject property with moderate density multifamily residential units would act as a buffer between the more intense public transportation uses to the south and single-family development farther north. Exhibit 1. page 3: Testimony of Mr. Osaki. Construction of two duplexes on Lot E would be consistent with surrounding development and would not alter the residential character of the neighborhood. Exhibit I.page 3: Exhibit 1, Attachment F: Aerial Photograph. Z The Applicants indicated that the purpose of the CUP request is to allow for maximum flexibility in design of resulting Lot E such that it could contain two duplex units. but as there is no formal site plan proposed, the exact development configuration is not identified. Exhihit 1. page 2. Findings, Conclusions. Recommendation, and Decision Hearing Examiner for Ci(r of;auhurn Developers Norihtirest. In,-...SPL04-0001 and ('UP04-0003 Page 3 of 8 6. CUPs approved in the City of Auburn have a two year expiration date. If building or occupancy permits are not issued within two years. the CUP becomes null and void. ACC 18.64.060. 7. City planning staff reviewed the CLIP application for consistency with applicable development regulations and policies and recommended approval subject to the condition that if the short plat application is not approved. the CUP should be denied. Exhibit 1, page 4 Testimonygf'Mr. Osaki. The subject property is accessed by a private ingress/egress/utility easement (private access easement) that connects to 3 d Street SE over adjoining private property. Exhibit 1, page 2; Exhibit 1. Attachment F. Aerial Photograph. Presently, the private access easement serves six lots and one tract immediately south of the subject property. Exhibit 1, Attachment A Easement. 9. The City"s subdivision rules regulate the division of land for the following purposes: to promote public health, safety, and general welfare; to prevent public nuisances; to prevent overcrowding and congestion; to promote safe travel on public roadways; to promote the effective use of land; to provide for adequate light and air, to facilitate adequate provision of water, sewer service, drainage. parks, recreational areas, and school grounds; to provide for proper ingress and egress; to promote adequate housing and commerical space to meet area needs; to provide expeditious review of proposed land divisions; and, to implement the goals, objectives, and policies of the Auburn Comprehensive Plan. ACC 17.02.030. 10. The City of Auburn requires all short subdivisions either to border on an opened, constructed, and maintained public street, or to border on a private street, access easement, tract. or panhandle having direct access to such a public street. Where private easement access is used, the City requires the access to be improved or guaranteed to the City of Auburn and be in conformance with the City of Auburn design and construction standards. ACC 17.14.100(E)(1). 11. Strict application of the requirements of ACC 17.14.100(E)(1) would prevent the Applicants from being able to develop underutilized land consistent with City land use policies and goals and consistent with the ability of owners of surrounding properties that are not landlocked. Exhibit 3, page 3. 12. Developers may request modification of any standard or specification established Auburn's subdivision regulations. The hearing examiner may recommend, and the city council may approve, a modification upon making the findings of fact in ACC 17.18.030 (listed in the criteria for review, below). ACC 17.18.020. 13. Without approval, the subject property would remain the largest parcel in the area. Approval of the modification would allow access and would thus allow additional multifamily residential development. Without the requested modification from City road Findings. Conclusions. Recommendation, and Decision Hearing E.xaminer.lor Ciho1'Auhurn Developers Norihn•est. Inc.. ,SPL04-0001 and CCP04-0003 Page 4 cif '8 standards, the subject property would remain underdeveloped. Exhibit 3. page 3. Approval of the modification would not render the project inconsistent with any other provisions of the Comprehensive Plan or the zoning code, nor with the existing character of the neighborhood. Testimony, of 'Mr. Osaki: Exhibit 3, page 3. 14. Approval of the requested modification would be consistent with the purpose of the subdivision code because it would further the goals of achieving higher urban densities in the underlying district, increase available housing. and promote the effective use of land. Utility and circulation plans would not be impacted because there is no possibilty for extension to the south due to the railroad right-of-way and state highway. Exhibit 3, page 3. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on conditional use permits in ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is granted authority to place conditions on conditional use permits in ACC 18.64.050. The Hearings Examiner is granted the authority to hear and decide applications for modification of short plat development standards in ACC 17.18.020 and 18.70.040. Criteria for Review Conditional Use Permit (C()'P) To recommend approval of a CUP, the Hearing Examiner must enter findings satisfying the following criteria: A. 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 not more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the area. B. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. C. The proposal complies with all requirements of the zoning ordinance. D. 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. - E. The proposal will not adversely affect public infrastructure. ACC 18.64.040. Standards.1rr Modification of Short Plat To approve a request for modification of short plat development standards, the Hearing Examiner must enter findings satisfying the following criteria: A. Such modification is necessary because of special circumstances related to the size, shape, topography, location, or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other Findings. Conclusions, Recorrunendarion, and Decision Hearing Examiner for Cirr ol'Auhurn Developers Norlhvves1, Inc.. SPL04-0001 and CUP04-0003 Page 5 of n properties in the vicinity and in the zoning district in which the subject property is located; B. That, because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property: C. That the modification, if granted. will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located: D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the city: E. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. F. The approval of the modification will be consistent with the purpose of this title; G. The modification cannot lessen the requirements of the zoning ordinance. ACC 17.18.030. Conclusions Based on Findings Conditional Use Permit 1. Approval of the CUP allowing two duplexes on Lot E would not be detrimental to surrounding properties or the general public welfare. Duplexes are permitted outright in the R3 district, and Auburn"s zoning code specifically contemplates two duplexes on one lot with issuance of a CUP. The land use designation is moderate density residential. There are duplex and larger multifamily developments in the vicinity. Lot E will exceed the minimum area requirement of 3,600 square feet per unit if four dwelling units are developed. Conformance with setbacks will be ensured through building permit review. The record contains no evidence indicating that to allow four units on the large Lot E would negatively impact surrounding development. Findings of Fact Nos. 2 and 4. 2. Approval of a CUP to allow construction of two duplexes on Lot E will be in conformance with the Comprehensive Land Use Plan. The land use designation oHhe subject property is Moderate Density Residential. The parcel is large and currently underutilized. Construction of two duplex units, rather than one. would better serve the purposes of Land Use Goal 34 by serving as an increased butter between the more intense public transportation uses to the south and single-family development in the area. Findings of 'Fac•t No.v. ?. 4, and 3. 3. Approval of a CUP to allow construction of two duplexes on Lot E will be in conformance with the requirements of the underlying zoning district. Zoning regulations allow two duplex units on one lot provided that at least 3.600 square feet of lot area is provided to each dwelling unit. Lot E would have an area of 14,690 square Findings, Conclusions. Recommendation, and Decision Hearing Examiner -.161- 0h• of Alrhra'n Developers Northwest, Inc.. SPL04-0001 and CUP04-0003 Page 6 (,)f'8 feet, which would allow for at least 3.600 square feet per dwelling unit. Compliance with setbacks and all other zoning district requirements will be ensured through the short plat and building permit processes. Finding ol'Fact No. 4. 4. Construction of up to two duplexes on Lot E will be harmonious with surrounding development. The neighborhood is characterized by a mix of single-family, duplex, and multifamily residential development, with a railroad right-of-way and state highway not far to the south. Lot E, if approved, will be large and provide adequate space for up to four dwelling units. Appearance and design of any residential structures will be reviewed for consistency with the character of the neighborhood at short plat approval and building permit review. Findings of Fact Nos. 2. 4, and 5. 5. Construction of up to four dwelling units will not adversely impact public infrastructure. Utilities connections will be provided by the Applicants prior to building permit issuance. No impacts to utilities or circulation plans are anticipated because there is no possibility of a through connection to the south due the railroad right-of-way and highway. Finding of Fact No. 4. Modification of ',Shorl Plat Development Standartiv 1. Because the subject property does not have direct access to public rights-of-way, the modification is necessary to provide the Applicant with the same development rights and privileges enjoyed by other properties in the vicinity. The subject property is only able to access public streets via a private access easement over adjoining properties. The easement serves five lots in addition to the subject property. Without approval of a modification of the road development standards, the subject property would remain undeveloped. Findings of 'Fucl ik'os. 1. H, and 11. 2. Requiring strict conformity with City road standards will not allow a reasonable and harmonious use of the property. The subject property is currently largest parcel in the vicinity. It is underdeveloped land in a multifamily residential district. Development of two duplex units on the large parcel will be a harmonious, productive use of the property. Requiring development of the private access easement to City road standards as a prerequisite to such development would prevent the proposed development. Finding of'Facl No. 11. 3. Approval of the modification will not alter the character of the neighborhood orb* detrimental to surrounding properties. The neighborhood is characterized by single - and multifamily residential development. Approval of the modification will allow multifamily residential development consistent with existing development in the area. Finding of Fact No. 13. 4. Approval of the modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation, and utility plans of the city. The proposed multifamily subdivision will be consistent with the objectives of the zoning code and the policies of the Comprehensive Plan. There is no evidence in the record that approval of the modification of City road Findings, Conclusions, Recommendation, and Decision Hearing E.raminer fur 01v of.4churn Developers Northwest In c-, SPL04-0001 and C1IP04-0003 Page 7 qf8 standards would impede implementation of any of the City's development policies. Findings of Fact Nos. 4. S, and 14. 5. Literal interpretation of the provisions of this title would deprive the Applicants of rights commonly enjoyed by other properties in the same zoning district. Properties that are not landlocked would not be required to develop access serving other lots prior to being allowed to develop. Requiring the Applicants to bring the private access easement up to City road standards would prevent the proposed development. Finding of Fact No. 11. 6. The approval of the modification will be consistent with the purpose of the subdivision title. The requested modification will enable development that is consistent with the public health, safety, and general welfare. It will allow the expeditious development of an underdeveloped property with an effective use that provides additional housing for the people of Auburn. Findings of Facl Nos. 9, 10, 12. 13, and 14. 7. The modification will not lessen the requirements of the zoning ordinance. Development of proposed Lot E with two duplexes will be consistent with the minimum lot size requirement of the zoning ordinance. Compliance with all other development standards will be ensured through short plat and building permit approvals. Finding of Fact No. 4. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for CUP to construct up to two duplex units on proposed Lot E of Short Plat 04-0001 should be APPROVED. DECISION Based on the preceding Findings of Fact and Conclusions. Applicant's request for approval of a modification of short plat development standards at Auburn City Code (ACC) 17.14.100(E)(1) to allow access to residential lots in association with a short plat to be located at 1510 3`d Street SE, is GRANTED. -t-r— i_.A DECIDED this day of November 2004. Theo ore Paul Hunter Hearing Examiner for City of Auburn Findings, Conclusions. Recommendation, and Decision Hearing Examiner liar City o1',4uhurn Developers Norlhwesf, Inc.. SPL04-0001 and CUPO4-0003 Page 8 q1'8 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 December 7, 2004. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998. CITY COUNCIL ACTION for CUP04-0003 This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their December 20, 2004, meeting. At the December 20, 2004, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. NOTICE OF RIGHT TO APPEAL for SPL04-0001 The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 10 calendar days from the date of mailing of the 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 from 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 from the City Clerk. Any appeal to this decision must be filed no later than December 10, 2004, by 5:00 p.m. with the City Clerk at the Auburn City Hall, 25 West Main, Auburn, 98001-4998. $.— CbTYOFIUR AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject Public Hearing Application No. CUP04-0003 Date: 11/9/2004 Department: Planning Attachments: Please refer to Exhibit Budget Impact: List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon the Findings of Fact, Conclusions and Conditions as outlined. Background Summary: OWNER/APPLICANT: Paul Hunt and Egan Logan (Developers Northwest, Inc.) and the owners Joe and Lois Schwartz REQUEST: To allow two duplexes on a single lot LOCATION: 1510 3`d Street SE (parcel no. 2149800325) EXISTING ZONING: R-3, Two Family (Duplex) Residential EXISTING LAND USE Single Family Home (if Short Plat Application SPL04-0001 is approved, the newly created parcel will be vacant) COMPREHENISVE PLAN DESIGNATION: Moderate Density Residential SEPA STATUS: Exempt Reviewed y 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 Z Fire Z Planning Park Board Public Works Legal Police Planning Comm. Other Z Public Works Human Resources Action: ommittee Approval: Council Approval: BYesBNo YesNo Call for Public Hearing Referred to Until Tabled Unti— 7_T-- Councilmember: Singer T Staff: McMahan Meeting Date: November 16, 2004 1 Item Number: EXHIBIT 1 AUBURN *MORE THAN YOU IMAGINED Agenda Subject Date: 11/9/2004 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: EXHIBIT LIST Exhibit 1 Comprehensive Zoning Land Use Exhibit 3 Plan Exhibit 4 Notice of Application Site Moderate Density R-3, Duplex Proposed Lot F is Exhibit 7 Residential Residential Single Family and Exhibit 9 SPL04-0001 "Short Plat Request for Modification" Proposed Lot E is Vacant North Moderate Density R-3, Duplex Single Family Residential Residential South Moderate Density R-3 Duplex Vacant Residential Residential East Moderate Density R-3 Duplex Vacant Residential Residential West Moderate Density R-3. Duplex Single Family Residential Residential EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Notice of Application Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Aerial Photograph Exhibit 8 SPL04-0001 Application (including Map Page) Exhibit 9 SPL04-0001 "Short Plat Request for Modification" FINDINGS OF FACT: Developers Northwest and the Property Owner have filed a short plat application (File No. SPL04-0001) that has been deemed approvable pending the outcome of the Hearing Examiner's decision on the "Request for Modification of a Short Plat". In this instance, a request for modification is required because the proposed short subdivision does not border on an opened, constructed and maintained public street as required by Auburn City Code Section 17.14.100 (E)(1). The site is located approximately 130 feet from 3rd Street'SE, where the property accesses the public street. Developers Northwest and the Property Owner have applied for a conditional use permit that would allow two duplexes on Proposed Lot E. The proposed short plat (SPL04-0001) would create the vacant parcel (Lot E) on which the two duplexes are proposed. The property 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 3,600 square feet of lot area is provided for each dwelling unit. Lot E is proposed to be approximately 14,690 square feet in area. The applicant is seeking the conditional use permit to enhance the flexibility of marketing the proposed Lot E. The applicant has indicated that the conceptual development plans for the site could include two separate duplex structures. The proposal as submitted does not include a formal site plan and thus the exact development configuration is not currently identified. Page 2 of 4 Agenda Subject Date: 11/9/2004 Prior to issuance of building permits, applicants are required to submit a specific site plan including building specifications to the Planning and Community. Development Department for review and approval. Site plans are required to demonstrate conformance with city standards. The contents of the case file, CUP04-0003, 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 date of approval. If a building permit or occupancy permit has not been issued within the two-year period then the conditional use permit shall be null and void. CONCLUSIONS: Staff has concluded 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 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 is already permitted and constructed in the neighborhood. The lot is large and exceeds the required per -dwelling lot area. The immediate vicinity supports a mixture of single-family and multi -family 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 surrounded by property that is zoned R3 and there are several single family homes in the nearby vicinity. The development of the site with duplexes assists in providing a transition between the railroad and State Route 18 to the south and single family uses to the north. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal as submitted is not a formal site plan. At time of the building permit, the site plan would be reviewed to ensure the proposal complies with the Zoning Ordinance. 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. At the time of building permit applications, the proposed structures will be reviewed for and required to comply with all current regulations for building permits. 5. The proposal will not adversely affect the public infrastructure. City departments have reviewed the Conditional Use Permit request and there is no indication that public infrastructure would be affected by the proposal. The applicant will be required to construct the appropriate city utilities in accordance with current City of Auburn Standards. Page 3 of 4 Agenda Subject RECOMMENDATION Date: 11/9/2004 Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends that the Hearing Examiner recommend to the City Council approval of the conditional use permit with the following condition: 1. This Conditional Use Permit (CUP04-0003) for two duplexes shall only be valid if the "Short Plat Request for Modification" (SPI -04-0001) is approved. HEWPP\STRC04-3 Page 4 of 4 BURLINGTON NORTHERN R.R. HWY 18 EXHIBIT 2 APPLICATION NO.: CUP04-0003 APPLICANT: Developers Northwest, Inc., and Joe and Lois Schwartz REQUEST: conditional use permit to allow two duplexes to be constructed on one parcel LOCATION: 1500 block of 3rd Street NE CONDITIONAL USE PERMIT APPLICATION PROPERTY OWNER'S NAMO APPLICATION NUMBER Sec. Twp. Rng.: Area Code: Zone Existing: Request: Scheduled Public Hearing: 1 � -J (P -QL4 Date Received Staff Project Coordinator: _ �� C%�Gt icl Do Not Write Above This Line (/7 -/' -�)C/ APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, OWNER(S) of property numbered opposite my (our) names(s) hereby petition for a Conditional Use Permit for the following use: (Please attach a 1/2 (typed) page explaining your proposed use.) A. How is the property involved in this application more suitable for the Conditional Use Permit than those uses permitted outright in the present zoning classification? The parcel is a larger parcel that is not able to be subdivided due to the regulatory constraint limiting the number lots allowed to access onto a private street. Yet, the underlying zoning and the surrounding property uses are consistent with therequest to put two duplexes on the parcel. The proposed use is more suitable because it results in a density and land use pattern identical to surrounding uses. Conditional Use Permit Revised 1130/2004 EXHIBIT 3 Page 4 of 7 B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? duplex use is allowed outright as is the resulting density. The surrounding uses are prodominaltly exes or multifamily. C. Why is this Conditional Use Permit compatible with the existing zoning in the area? use is an outright permitted use in the zone and the density is within the permitted range and the lot area plies with the R-3 reguired minimums. D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? IThe Comprehensive Plan contemplates duplex use at a density range consitent with the proposal. The Comprehensive Plan seeks to encourage infill development and the effecient provision of City services. Conditional Use Permit Page 5 of 7 Revised 7/30/2004 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS. PARCEL NAME, ADDRESS AND PHONE NUMBER NUMBER (Please Print) 0521180325 Developers Northwest, Inc PO Box 73881 Puyallup, WA 98373 253 307 4852 DESIGNATED CONTACT PERSON: Name: Matthew L. Sweeney Address: PO Box 7935 City/Phone: Tacoma, WA 98406 253 565 1728 PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPLICATION. Conditional Use Permit Page 6 of 7 Revised 1/30/2004 LEGAL DESCRIPTION OF PROPERTY Lot 2 OF CITY OF AUBURN SHORT PLAT NO. SP -1479, AS RECORDED DECEMBER 6,1979 UNDER RECORDING NO. 7912060706, RECORDS OF KING COUNTY AUDITOR FEE PAYMENT: $773.00 for residential; $1,030.00 for commercial; plus $721.00 for Environmental Checklist T.R. # Cashier's Initials Conditional Use Permit Revised MWO04 Date Received Page 7 of 7 Description of Proposal Applicant is requesting a Conditional Use Permit pursuant to Title 18.16.030C to allow two duplexes to be constructed on a single parcel. This property is located in an R-3 zone of the City that is largely built out with a predominance of duplex and multi -family construction. The property is part of a larger series of tracts that were created a number of years ago through a series of Short Plats and Large Lots that are now under development for residential use. The parcel lies south of P Street SE and north of the railroad and freeway. There is a pending short plat request to subdivide this remaining large parcel with an existing residence so as to create an additional building lot sized for the proposed duplex construction. However, the existing larger parcel can not be divided into more than two lots because the parcel is served by a private street. The maximum number of lots that can access on a private street has been reached leaving the last parcel large enough to accommodate two duplexes under the R-3 development standards. 18.16.030 Uses requiring permit. The following uses may be permitted in an R-3 district when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: C. Duplexes, more than one per lot; 18.16.040 Development standards. Development standards in an R-3 district are as follows: B. Minimum lot area for two-family dwellings (duplexes): 7,200 square feet. Existing platted lots of 7,000 to 7,200 square feet in area may be allowed to construct a duplex; 3rd St SE DS Perry N89°32'33"W 162/65 Date: 0 gp' S89°32'33"E cov 1"=6W Rebar set or found 90.00, 30.00' in previous survey see note. (typ)oo , Set 1/2" Rebar with Cap Lot 3 ^' #15029 (typ). w LLA 88-8 '- et o 8807150927 ; N MN (Not a part of w � z � shoat Plat) LU vi MI M :t en oI Z' N89°32'33"W o � N89"32'33"V1l 90.00' i as.00' 104.00' Lot F so.00' LU � E -oo 6760sq ft.o i v [21.o' CV) House i o 0) 1 c�M M Z 5.6' �W �uoi 104. ' i v Lot E N89"32'33"W , co i Lot A c i LLA 0022-99 14690 sq ft. °oM 19990819001237 w i CO c) hoposedi I (Plot a part of i Short Plat) M 25 Proposed uik"ng 20':Buildino 11 Z 1 ' r- o w ' ri -- 20' 10'—� 1 1- M --- ------------- 4 -------- 30.00',' 60.00' M 150.00, 0 Z 5' Utility Easement N89"32'33"W 240.00' 0 0o Tract X (reserved for road) c W Not a part of Short Plat cc Warren T. Lay PLS 704 Cedar Dr. Auburn WA 98002 (253) 833-1149 (888) 433-1149 (253) 833-0792 fax LS #15029 S89"32'33"E 240.00' Note: See ROS RC1f20000223900007 for control. Drawn by: DS Perry Job M. 162/65 Date: 10 Feb 04 Scale: 1"=6W When Recorded Return To:. SONKIN & SCHREMPP, PLLC 2955 - 80" Avenue S.E., #201 Mercer Island, WA 98040-2960 er Av W Ail 20030328000039 TIM PACE 001 OF se907EAS 25.90 03/20/2003 ise KING COUNTY, LA EASEMENT Summary Of Parcels A, B, C, D and H Owner: Jercmie A. Byerly Legal Des( ription: Parcels A and .8 Lots 3 and 4 of City of Auburn Short I'lat'No. SP -14-79, as recorded '',"Aor r nrdin8 nurt�hc7 791 ^nr,�7nr, rPrnrtic �.f K_i iy County, Washington. Parcel C Lot 3 of City of Auburn Short Plat No. S1'-13-79, as rcco cls. d under recording number 7912060707, records of King CIAIE Washington. Parcel D Lot A of City of Auburn Lot Line Adjustment No. LLa--002: 99, as recorded under recording number 199c;0819001237, records of King County, Washington. Parcel H Lot 4 of Auburn Lot Line Adjustment No. LLA 8-88 recorde..i under recording number 8807150927 .9ssessor ., Parcel No.: 2149800320, 2149800322, 2149800329 2149800330 and 2149800335 Summary Of Parcels E and G O►vner." Joe W. Schwartz and Lois L. Schwartz, i rustees of the .ioe W. and Lois L. Schwartz Revocable Living Trust Dated Nov. - 11, 1997 Legal Des( rrptioar Parcel F- and Parcel G Lots 2 and 3 of City of Auburn Lot Line Adjustment No. LI 8-88 recorded under recording number 8807150927 Assessors Parcel Nc : 2149800324 and 2149800325 Summary Of Parcel F ��'c-•,r? J�trr ; Rori L. Gleason Legal Description: Lot 1 of Auburn Lot Line Adjustment No. LLA 8-88 record d under recording number 8807150927 Assessor's Parct' ,%V . 2149800321 All situate in the City k Auburn, County of King, State of Washington SONK/N & St.HREMPI' PLLC Easement Page t o)'6 The Parties enter into this Easement as follows: 1. DEFINED TERNS_. The following terms have the mea wings set forth below: I.I. Easement. The easements over the Easement Way, Tract X East and Ttact X West created and/or ratified by this document. 1.2. Easement Way. The East 30 feet of Lot 3 of Auburn Lot Line Adjustment No. LLA 8-88 recorded under recording number 8807150927; The West 30 feet of Lot A of City of Auburn Lot Line Adjustment No. L LA4 :22-99. as recorded under recording number 19990819001237, records of King County, V lashin„ -on. And the West 40 feet of the North 6 feet of Lot 3 of City of Auburn Snon Plat ' 'o SP -13- 79, as recorded under recording number 7912060707, records of King County, Washington. 1.3. Parcel A. Lot 3 of Short Plat 14-79, legally described above. 1.4. Parcel B. Lot 4 of Short Plat 14-79, legally described above. 1.5. Parcel C. Lot 3 of Short Plat 13-79, legally described above. 1.6. mel D. Lot A of City of Auburn Lot Line Adjustment No. LLA -0022-94, legally described above. 1.7. Parcel E. Lot 2 of City of Auburn Lot Line Adjustment 1`?0. LLA 8-88, described above. 1.8. Parcel F. Lot 1 of City of Auburn Lot Line Adjustment No. LLA 8-88, leg.all} described above. 1.9. Parcel G. Lot 3 of City of Auburn Lot Line Adjustment No. LLA 8-88, legal!) described above. 1.10. Parcel H. Lot 4 of City of Auburn Lot Line Adjustment No. LL -k 848 leg. !i; described above. 1.11. Parcel(s). Parcel A, Parcel B, Parcel C, Parcel D, Parcel E, Parcel F, Parcel C and Parcel H. 1.12. Part i . Each owner of one of the Parcels. 1.13. Short Plat 13-79. The short plat recorded under King County Recording Num:ae., 7912060707. Short Plat 13-79 is located adjacent to and east of Short Plat 14-79. 1.14. Short Plat 14-79. The short plat recorded under King County Recording 'Xumber 7912060706. Short Plat 14-79 is located adjacent to and west of Short Plat 13-79. 1.15. Tract X East. That portion of Short Plat 13-79 designated on the short pie' as Tract X. 1.16. Tract X West. That portion of Short Plat 14-79 designated on th e sino:t plat as Tract X. 2. RECITAL. 2.1. Background. Short Plat 13-79 and Short Plat 14-79 were developed simultaneously. The intent was to have easements that benefited each of the lots within a ach short plat. It now appears that there is some question as to whether the easements established This Mutuai Easernont is to ratify and correct Che original ewement plan of the development. 2.2. Owners. 2.2.1. Parcel A, Parcel B, Parcel C, Parcel D and Parcel H are each owned by Jeremie A. Byerly, as his separate estate. SONKIN do SCNREMPP, PLLC Easement Page 2 of 2.2.2. Parcel E and Parcel G are tach owned by .toe W. Schwartr and Lois 1.. Schwartz, Trustees of the Joe W. and Lois L. Schwartz Revocable Living Trust Dated Nov. 7th, 1997. 2.2.3. Parcel F is owned by Roni L. Gleason, as her separate estate. who acquired title as Rom L. Lee. 2.3. Map. Attached as Exhibit A is a sketch omf all of the Parcels and the tiasen1e11!ti. This sketch is attached for information purposes only. Reference Should hmade toe an arcur•:VC SUrVCy tUl' Further Inforniat1011. 3. 1tE'VOCTION OF FASEMF:VU All Parties dtlit claim all interests they hayc in and revoke all interest they have in: 3.1. The Access Easement recorded under King County Recording Number 20021104002426, and 3.2. The Easement over the West 20 feet of Parcel E and the West 20 tett o!' Parcel I . as established under documents recorded under King County Recording Numbers 7912060706 and 7912060707 (as revoked in document recorded under King County ftt:corehing Nilnlher ern?1;(1027). 3.3. The 30 foot easement that was "established" in Auburn Lot Line Adjustment \o. LLA 8-88 recorded under recording number 8807150927. 4. GRANT OF E ASEMFN,r. 4.1. Easenient_Way. 4.1.1. The owner of Parcel G conveys and warrants to the owners of Parcel A. Parcel B. Parcel C, Parcel D, Parcel E and Parcel H, ail Easement under, over. thrtnrvh and across the East 30 feet of Parcel G. 4.1.2. The owner of Parccl D conveys and warrants to [tic owners of Parccl A, Parcel 13. Parcel C, Parcel E, Parcel G arlct Parccl If. an EiISe111e11I under. o\ cr, throuLh and across the West 30 feet of Parcel D. 4.1.3. The owner of Parcel C conveys and warrants to tiie owners of Parcel A. Parcel B, Parcel D, Parcel E, Parcel G and Parcel H, an Easement under, over; through and across the West 40 feet of the North 6 feet of Parcel C. =4.2. Tract X East. The owners 0: Parol C and Parcel D convey and warrant to the owners of Parcel A, Parcel B, Parcel E, Parcel G and Parcel H an Easement under, over, thirou�h and across Tract X East. 4.3. Tract X West. The owners of Parcel A, Parcel B, Parcel, E, Parcel F and Parcel Cr_ convey and %varrant to the owners of Parcel C. Parcel D and Parcel 1-1 an Easement under, over. through and across Tract X West. i USE 1. Puthusc. The Faser)1e"Its are nt)n-c\clusi\ c :1114 arc 1,rantLd' Iilr 111c l)uI'lxrse nl PrivatC Road. 5.2.1. The owner's of Parcels A, B and C have the right and resporlsibiiity to con>truct roadway improvements on the Easements, pursuant to ('ity of*Auh111•11 CO(k:- 50NK1:V d SCHREMPP, P/.GC Pilg,( .}/ r', 5..2.2. The owners of Parcel A. Parcel B,, Parcel C, Parcel D. Parcel E, Parcel G a - id Parcel H -each have access to the Easement and each have responsibility for maintenance of the private ror'tti.containod within the Easemeilt i►1 such a condition as to atlow free access. for emergency vehicles, 5.23. AMM ror'et iergeney vehitIts over the Easement ,shall be aflow cd. r 5:2.4. Ally tel --lett of a Parcel is obligated to give actual notice tc, any prospective purchaser of the method ofmainterAnce-of the, private road. Such net ice.sha'i be caused to be included in any deeds or contracts relating to such sale. 5.3. Utility Resaon ibility. Facia.owner ofa Parcel shall be allowe:i access to the Easement for the purposed Orbuilding, maintaining or peeping in good repair all utilities Sem ins their Parcel. Each owner ora Parcel is r'cslronsi -Ic for:ntaint�aitii.ng.utilities serving. such owucr's Parcel. 5.4 Costs. Tlie costs of maintaining and keeping in good.repair the iniproveownts ori thetasei,nents shall be bomc.as r011ows; 5.4.1, Parcel A, Parcel B, Parcel C, Parcel D; Parcel E P Ircel Cs viol P.►rcel H are cach:responsible for an equal.share of.all road mttititenance and repair; aifd . `5.4.2. For all utilities, the;owners of the Parcels serviced by gotloutili es, pro rata. E.g., from the point that a. utility line serves -only one Parcel, the owner o±drat Parcel; for that portion of a. utility line serves 2 ar more Parcels, the owfl;;rs or those Parcels iii equal shares. 6. 'EN the . 6.1: Bre�h. I f any party brexbcs this Eweri� ort ,the breach shall con stitut � a l len upon that Party's Parcel; G,2. R.e' ted . Each non -breaching Party is entitled'to enforce his° E:isenrer i in coetrt, Because money damages will not be adequatae- the tion.breaching Party shall be entiticd to inj�jnctive relief in addA ost to a claim fordamages, 6.3. Attornei+s Fees And_Costs. In ttie event ofan dispute arising +.+t.iice this Easement, the prevailing Party is entitled to recover its costs, inciu�it�ig rcaso�t. ble �ivarrn°y.. fens and interest at rhestatutory rate upon any damages. 7. I kjjQN 7.1. l3iildin, ffe�ct. The EasenTent creates restrictions acid ccs °errant ;running �� tth t'►c. land. The Ea-ern°elft inures to the benefit of and is binding upon the parties and th'cir icspc �.i� heirs; sucfiessors and assigns including, but not limited to, all subsequent owners of cacti Ax vc describe Parcel and all persons claiming under them. 7.2. Terrttiliation, This Easement is perpetual. 8. FGAL RIGHTS. Each of the 0arties has been advised that they have Sutistanti tl t. tial rights that will be affected by the execution of this Easement. BY EXECUTING THIS :4S'L•,f;S11T. EACH P.4DTY REPRESENTS THAT THEY: 8,1, HAVE HAD AN OPPORTUNITY TO CONSULT WITH INDEPEND£ y3 LEGAL COUNSEL OF THEIR CHOICE-, AND 8.2. HAVE CONS UL,TED'WIT14 INDEPENDENT l.FGAI_ COUNSi�I. OF ' Hs IR CHOICE, OR HAVE KNOWINGLY WAI%41 D'ITlI�1R RiGHTS'1*0 DO SU. c� pig a of 6SONKIN & SCH'REA?PP, PLLC F.isoment �' A`Vle: till Signatures, lhjn.lV Uad seals nousl be enfirety within Me respective boxes. Do not make any initials or othrr marks otitside t#'Ihe boxes. 9. EXECUTION. We execute this Easement.,=, rplc c(o J; -/0:0 4 -A-� -k1W 0 e L. Gleason I Date Joe W. Schwar14 Trustee of 51 Date Lois L. Schwartz, Trustee of' Date the Joe W. and Lois L. the Joe W. and Lois L. Schwartz Revocable Living Schwartz Revocable Living Trust Dated Nov. 7th, 1997., Trust Dated Nov. 7th, 1997 0. AC KN 0 W L E DGA-1 ENTS STATE OF WASHINGTON (Byerly) :Ss' COONTY OF KfNG I certify that I know or have satisfactoryevidence that Jeremic A.. Byerly is the person Who appeared before me, and said person acknowledged that he signed this instrument and - acknowledged it to he his (me.and voiunt-ary act for the uses and purposes mentioned in this instrument. NOTARY PUBLIC in a Washingtonj residing at My appointment expires so X SOA -'KIN 4, VC1IRh*A4PI), P1 -1-C Cof 10 STATE OF WAS jlNGTON ) (Gleason) COUNTY OF KING .ss. I certify that I know or have satisfactory evidence that Roni L. Gleason is the Person who appeared before me, and said person acknoivledged that she signed this instrument and acknowledged it to be her free and volunta* act for the uses and purposes mentioned in this instrument. N TARY PUBLIC inr t O the t of e Washington, residing My aPFA; expires (� l i� STATE OF WASHINGTON ) (Schwartz) :ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Joe W. Schwartz and Lois L. Schwartz are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as the Trustees of the Joe W. and Lois L. Schwartz Revocable Living Trust Dated Nov. 7th, 1997 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ' A v%[ "J, t"fvr / ,41b NOTARY PUBLIC in an ojthe tate of ate D ngton, residing at My appointment expires 1 H MA (Sea] o RIA T. AWALD Notary Pubic • AtiZOM Pinel Cottnly ewmiftiom � � SONKIN A SCHREMPP, PLLC Easement SONKIN & SCHREMPP, PLLC Attorneys At Law 2935 - 80" Avw w S.E., Mi MERCER ISLAND, WA 98040 208-275-2870 Page 6 of 6 F G LOT 1 Lor 3 LLA s_w LCA a-88 mw tm CASOW E LOT 2 LLA 8-W :Xtt WEST .7 14-79 A LOT J S014-79 B LOT 4 V 14-T9 H Lor 4 LLA 8-88 i D LOT A LLA --0022-99 i' 'X " EAST SP 1J�-T9 EXHIBIT A okiso��Io I Inca • a0 n. PA VIP A D0V'NING do A5;YOIVIA TES e�NRol 09" LM SURRYORs 4W 761%ST. " 9#7r a0? "N� ,t. mom a 2AW . 1 Cr , CITY OF UBURNPeter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.auburnma.us * 253-931-3000 NOTICE OF APPLICATION This notice is to inform you that the City of Auburn has received the following applications that may be of interest to you: Nature of Project or Request: CUP04-0003 and a modification request associated with short plat SPL04-0001. The conditional use permit request is to allow two duplexes on a single lot and the short plat modification request is to allow a proposed short subdivision that does not border on an opened, constructed and maintained public street as required by Auburn City Code 17.14.100 (E) (1). Location: 1510 3rd Street SE (parcel no. 2149800325) Date CUP04-0003 Application Received: June 18, 2004 Date SPL04-0001 Application Received: June 15, 2004 Date of Notice of Completeness: October 25, 2004 File No: CUP04-0003 and SPL04-0001 Applicant: Paul Hunt and Egan Logan, Developers Northwest (owner) Conditional use permit applications require a public hearing before the City of Auburn Hearing Examiner and are reviewed against criteria set forth in Auburn City Code (ACC) 18.64.040 Findings of fact. The Hearing Examiner makes a recommendation to the Auburn City Council on conditional use permit requests. Short plat request for modification applications require a public hearing before the City of Auburn Hearing Examiner and are reviewed against criteria set forth in Auburn City Code 17.18.030 Findings of fact. Final decisions on modification requests are issued by the Hearing Examiner. Preliminary Determination of Applicable Development Regulations: Zoning Code, Land Division Code, Public Works Design and Construction Standards. Other Permits Required: No other permits are required for the approval of the conditional use permit and the request for modification; however, the project will be required to obtain all necessary permits for construction. Notice of Application Public Comment Period: This Notice of Application is issued on October 30, 2004 and requires a 15 -day comment period. You are invited to comment, request a copy of the decision, when available, and be made aware of any appeal rights. Comments in response to this notice of application must be received in writing by the Auburn Department of Planning and Community Development at 25 West Main, Auburn, WA 98001-4998 by November 13, 2004. EXHIBIT 4 Ai JRT TR NT - MnRF THAN VOT i I ArINFT Public Hearing: Also, a public hearing before the City of Auburn Hearing Examiner is required for this conditional use permit request and short plat request for modification has been scheduled for Tuesday, November 16, 2004 at 7:00 p.m. in the Auburn City Hall City Council Chambers, 25 West Main Street. The public hearing provides additional opportunity to comment on the conditional use permit and short plat request for modification proposals. All members of the public are welcome to provide written and/or oral testimony to the Hearing Examiner at the public hearing. If you have further comments or questions related to this application, you may contact the City of Auburn Planning and Community Development Department at (253) 931-3090. If you call or write, please reference file number CUP04-0003 and SPI -04-0001. CITY Of . ;, A WASHINGTON EXRIBIT 5 NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on November 16, 2004, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICATION NO. CUP04-0003 The request of Developers Northwest, Inc., for a conditional use permit to allow two duplexes to be constructed on one parcel. The site is located in the 1500 block of 3rd Street NE. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community. Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. 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 the location of the property, refer to the cross -hatched area on the map below. BURLINGTON NORTHERN R.R. HWY 18 CERTIFICATION OF POSTING CERTIFICATION FOR THE FOLLOWING ACTIONS TAKEN PERTAINING TO: APPLICATION NO. CUP04-0003 and SPL04-0001 LOCATED AT: 1500 block of 3rd Street NE DATE OF PUBLIC HEARING: November 16, 2004 PUBLIC HEARING NOTICES POSTED: This date I certify that I posted hearing notices on the land use posting board prior to the board leaving the office. These notices are required to be posted at least 10 days prior to the public hearing as required by Chapter 18.68.040(B)(1)(a) of the Auburn Zoning Ordinance. Date: Name: �,��' C,LT "L -f Patricia Zook, Planning Department EXHIBIT 6 Return Address: M In AUbum. WA 98001 Section/Townshlp/Range: Parcel No. Additional legal on page SHORT SUBDIVISION APPLICATION Drop., ty Owner's Nss��me oc W. ,� a . L.o� t , 5s1.ar•�x Agent's Name z.�as— S WQ% � F1.5 00; Mo s� Address :ity/State2fp 70 4 ( .1, C1 /State/Zip elephone ZS"2 X7`27 2- V/ W I�1 I 01L- 12) . srr� 10, �l, �a,.4� iS°;"aps Oiagospl .............................................. Do Not Write Below This Line . APPLICATION$PLp�-C I FILING FEE: DATE RECEIVED:D: D: RECORDING FEES: T.R. RECEIPT*: STAFF PROJECT C01-0---RD—NATO AREA IS ZONED: (*Please note that the fee for the cost of recording this short subdivision is the owner's responsibility.) EXHIBIT 8 CONDITIONS gF gppROVA1 SEASONS FOR DISAPPROVAL : REQUIRED APPROVALS: DEPARTMENT OF PUB Ir wnpK�. Examined and approved this day of 2p_ CITY ENGINEER: PARTM NT OF PLANNIN M NITY D E OPM NT: Examined and approved this —_ day of 20 PLANNING DIRECTOR: KINt3 COUNTY DEPo1�r�nenrT "',�SSESS�N Zug: US: Examined and approved this — day of 20_ ASSESSOR: DEPUTY ASSESSOR: Filed for record at the request of the City of Auburn, Department of Planning and Community Development, 25 West Main ;;street, Auburn, Washington 98001 .. i REQUIRED APPROVALS: DEPARTMENT OF PUB Ir wnpK�. Examined and approved this day of 2p_ CITY ENGINEER: PARTM NT OF PLANNIN M NITY D E OPM NT: Examined and approved this —_ day of 20 PLANNING DIRECTOR: KINt3 COUNTY DEPo1�r�nenrT "',�SSESS�N Zug: US: Examined and approved this — day of 20_ ASSESSOR: DEPUTY ASSESSOR: Filed for record at the request of the City of Auburn, Department of Planning and Community Development, 25 West Main ;;street, Auburn, Washington 98001 WARREN T. LAY Professional Land Surveyor 704 Cedar Drive Auburn, WA 98002 1-888-433-1149 Fax 253 833 0792 12 February 2004 16 June 2004 LEGAL DESCRIPTIONS EXISTING Lot 2 of Cit4 f Auburn Short Plat No. SP 14-79, as recorded December 6, 1979 under Recording No. 7912060706, Records of King County; EXCEPT the north 7 -feet thereof, (Also known as Lot 2 of City of Auburn Lot Line Adjustment No. LLA #8-88„ as recorded July 15, 1988 under Recording No. 8807150927, Records of King County ; Situate in the City of Auburn, County of King, State of Washington. TOGETHER WITH an undivided interest in Tract X of City of Auburn Short Plat No. SP 13-79, recorded under Recording No. 7912060707; and Tract X of City of Auburn Short Plat No. SP 14-79, recorded under Recording No. 7912060706. TOGETHER WITH an undivided interest in an ACCESS EASEMENT as described in an agreement between Joe W Schwartz and Lois L Schwartz, Trustees of the Joe W and Lois L Schwartz Revocable Living Trust dated November 7, 1997, and Jeremie A Byerly and Christina Byerly, said agreement dated March 10, 2003, and recorded under Recording No. 20030328000039, Records of King County LOT F i That portion of Lot 2 Auburn Lot Line Adjustment LLA # 8 - 88, as recorded in King County, Washington , under Recording Number 8807150927, described as follows Beginning at the northeast corner of said Lot 2, thence North 89032'33" West, along the north boundary of said Lot 2, a distance of 104.00 feet; thence South 0033149" West, a distance of 65.00 feet; thence South 89032933" East, a distance of 104.00 feet to the east boundary of said Lot 2; thence North 0033149" East, along said boundary, a distance of 65.00 feet to the point of beginning; Containing 6760 square feet. TOGETHER WITH an undivided interest in an ACCESS EASEMENT as described in an agreement between Joe W Schwartz and Lois L Schwartz, Trustees of the Joe W and Lois L Schwartz Revocable Living Trust dated November 7, 1997, and Jeremie A Byerly and Christina Byerly, said agreement dated March 10, 2003, and recorded under Recording No. 20030328000039, Records of King County LOT E That portion of Lot 2 Auburn Lot Line Adjustment LLA # 8 - 88, as recorded in King County, Washington, under Recording Number 8807150927, described as follows: Beginning at the northeast corner of said Lot 2, thence Notch 89°32'33" West, along the north boundary of said Lot 2, a distance of 104.00 feet to the TRUE POINT OF BEGINNING; thence contig North 89°32133" West. a distance of 46.00 feet to the northwest corner of said Lot 2; thence South 0°33949" West, along the west boundary of said Lot 2, a distance of 143.00 feet, to the southwest corner of said Lot 2; thence South 89032'33" East, along the south boundary of said Lot 2, a distance of 150.00 feet, to the southeast corner of said Lot 2; thence North 003349" East, along the east boundary of said Lot 2, a distance of 78.00 feet; thence North 89°32'33" West, a distance of 104.00 feet; thence North'0°33'49" East, a distance of 65.00 feet to the TRUE POINT OF BEGINNING; Containing 14690 square feet. TOGETHER WITH an undivided interest in Tract X of City of Auburn Short Plat No. SP 13-79, recorded under Recording No. 7912060707; and Tract X of City of Auburn Short Plat No. SP 14-79, recorded under Recording No. 7912060706 TOGETHER WITH an undivided interest. in an ACCESS EASEMENT as described in an agreement between Joe W Schwartz and Lois L Schwartz, Trustees of the Joe W and Lois L Schwartz Revocable Living Trust dated November 7, 1997, and Jeremie A Byerly and Christina Byerly, said agreement dated March 10, 2003 , and recorded under Recording No. 20030328000039, Records of King County I Warren T. Lay PLS 704 Cedar Dr. Auburn WA 98002 (253) 833-1149 (888)433-1149 (253) 833-0792 fax LS #15029 Note: See ROS RC#20000223900007 for control Drawn by: DS Perry Job M. 162165 Date: 10 Feb 04 Scale: 1"-60' Water and sewer services provided to lot frontages by FAC 03-0004 ¢' 3rd St SE N89.3233"W � 60' S89'3233"E cQi _ Rebar set or found 90.00' i 30.00' In previous survey see note. (typ) $ Set 1/2" Rebar with Cap Lot 3 s: 14 $ #15029 (typ)• LLA 88-8 :r 8807150927 (Not a part of w ^ Z short Plat) mi N89'32'33'W� N89.32'33"W 90.00' 46.00' 26.0' 104.00' F = 60.00' LU $� E 6760sq ft. $ E iv aHouse N r- 25.6' LU i c9i Lot E N89.32'33"W 104-00' Lot A i LLA 0022-99 14690 sq ft. c 119990819001237 ;L rn (Not a past of v 25' Proposed i Short Plat) r, + Building uildmg 20' o Z 20' 10' 30.00' 60.00' 150.00' I $ N89.32'33"W 240.00' Tract X (reserved fol road) Not a part of Short Plat S89'3733"E 240.00' Warren T. Lay PLS 704 Cedar Dr. Auburn WA 98002 (253) 833-1149 (888)433-1149 (253) 833-0792 fax LS #15029 Note: See ROS RC#20000223900007 for control Drawn by: DS Perry Job M. 162165 Date: 10 Feb 04 Scale: 1"-60' Water and sewer services provided to lot frontages by FAC 03-0004 Know that all persons by these presents that we, 41`19 u; Jersigned; owner(s) In fee simple [and contract purthaser(s)j of the land herein .lescr°bed do hereby make a short subdivision thereof pursuant to RCW 58.1 7.Oe0 and deolaty this shor*.. plat to be the graphic representation of same, and that said short subdi:•isi m is myde with the fraroonsent and In accordance with the desire of the owrner(s) 4 n that ;ab short subdivision shhoovves�t the entire contig land In which there is any Intere A by ret son of ownership eont*`ct for purchase, earnest money agreement or option. IN WITNE whereof we have set our hands and seals. w WNER O1^MFR U.La ER OWSlER ' OWNER OK —., STATE OF WASHINGTON ) COUNTY OF bn5 as On this day personally appeared before meS Os✓ S - to me known to be the Individual described in and who executed the within and foregoing Instrument, and acknowledged that. hq signed the same as free and voluntary not and deed: for the uses and purposes therein mertioned.. •``�POSII IVEN under `, • •ExP • •. * my hand and official seal this day of QurV LOo :u2C �j Z /v0��'� sal �CISQi„�1 40tar in antt for the State o~ f '••, •' • ruWashington, residing at r� �, ►�n T•T OF WASHINGTON ) y�N.oa COUNTY OF as. On this day personally appeared before me i to me known to be the indivldusl described In and who executed the within and foregoing Instrument, and acknowledged that _&t,,_ signed the same as r,�i free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official $eal this L'cjL dayof 20ky oo•� . 9 0 S 4 I �e�l•;t,: ezP •. C •.,, to c to a o; �' P R y ' .. * • nd fat the State of Z : �0�� z Washington, residing p( aKrsaP a°i'•lE OF•`NPS•`+ MATTHEW L SWEENEY Attorney at Law P.O. Box 7935 Tacoma, Washington 98406-0935 (253)565-,729 FAX 565-0968 April 23, 2004 RECEIVED MAY 1 4 2004 PLANNING DEPARTMENT Dave Osaski, AICP City of Auburn Department of Planning and Community Development 25 West Street Auburn, WA 98001 RE: Short Plat File No. SPL04-0001 Request for Modification Dear Mr. Osaki: Please consider this letter as a Request for Modification being made pursuant to Title 17.18 to accompany the pending Short.Plat application, SPL04-0001. My client is Developers Northwest, Inc. the applicants for a one lot short subdivision in the R-3 zone of the City just south of 3'd Street SE. Relief Requested My client wishes relief from the public street requirement found in Title 17, the Land Division Ordinance, that reads as follows: 17.14.100E. Access. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened, constructed and maintained public street or shall be served by a private street, access, easement, tract or panhandle having direct access to such a public street. Legal Standard An applicant can seek modification from the platting standards by applying with the City and appearing before the Hearing Examiner. The Examiner must make specific finding of fact as follows: 17.18.030 Findings of fact. A. Such modification is necessary because of special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other EXHIBIT 9 Dave Osaski, AICP City of Auburn April 23, 2004 Page 2 properties in the vicinity and in the zoning district in which the subject property is located; B. That, because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property; C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located; D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the city; E. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district; F. The approval of the modification will be consistent with the purpose of this title; G. The modification cannot lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to ACC 18.70.010. (Ord. 4296 § 2, 1988.) The Examiner may condition the request if necessary: 17.18.040 Conditions. In authorization of a modification, the hearing examiner may attach thereto such conditions regarding the location, character and other features of the proposed modification as he may deem necessary to carry out the spirit and purpose of this title and in the public interest. (Ord. 4296 § 2, 1988.) Discussion This property is located in an R-3 zone of the City that is largely built out with a predominance of duplex and multi -family construction. The property is part of a larger series of tracts that were created a number of years ago through a series of Short Plats and Large Lots and that are now under development for residential use. The relafed parcels all lie south of 3rd Street SE and just north of the railroad and freeway. The pending short plat request -is to subdivide the remaining larger parcel with an existing residence so as to create an additional building lot sized for duplex construction. However, the existing larger parcel does not border on a public street but is removed from 3rd Street by existing parcels as a result of the prior land use actions. The original tracts were served by private access and the current development is now served by a private street. There is no possibility for a through connection to the south because of the railroad and freeway. Dave Osaski, AICP City of Auburn April 23, 2004 Page 3 The request for modification will simply allow the subdividing of the last and largest remaining parcel so as to facilitate in -fill development consistent with the existing duplex and multifamily uses that predominate in this part of the City. The City Hearing Examiner can find that the modification request meets the criteria set forth at Title 17.18.030. A. There are special circumstances related to the historical development of the immediate properties that has left 'the subject property removed from the public street. In 1979, a short plat, SP14-79, was recorded that acted to isolate the subject parcel from 3rd Street. Access was provided for by a private easement. In 1988, a Large Lot, LLA 8-88, was recorded that created additional lots and provided for a more substantial private easement way serving multiple parcels lying south of 3rd Street. The subject parcel was the largest of the remaining parcels. Recently, further development has occurred resulting in good in -fill development all occurring on the private road access. The subject parcel remains removed from any public street and is thus precluded from further developing in a manner permitted to the other properties in the vicinity and in the zoning district in which the subject property is located. B. Because of such the special circumstances surrounding the historic development of the immediate area, strict conformity with the provisions of this title will not allow the development of the property in a reasonable and harmonious manner consistent with the other development activities. This parcel remains oversized and underutilized in the zoning district that encourages higher density residential development. C. The modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located because the area is zoned for higher densities and the predominate uses are duplexes and multifamily.. D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use plan but will actually advance the goals of higher densities and urban in -fill where appropriate. The circulation and utility plans of the City will not be implicated because there is no possibility for public road extension to the south of the subject parcel given the presence of the railroad and freeway. E. Literal interpretation of the provisions of this title will deprive the applicant of the right to further subdivide the property as has occurred and is currently Dave Osaski, AICP City of Auburn April 23, 2004 Page 4 happening to other properties in this zoning district leaving this property as the largest parcel in the immediate vicinity. F. The approval of the modification will be consistent with the purpose of this title as it will further the goals of achieving higher urban densities where public services and infrastructure exists to serve such in -fill development. - - G. The modification will not lessen any of the other requirements or standards of the zoning ordinance or this zoning district.. On balance, this requested modification will not undercut or adversely implicate any City land use or Comprehensive Plan policies and, in fact, will advance the goals of achieving higher urban densities and in -fill development in accordance with Growth Management Act mandates. Thank you very much for your attention and consideration to our request. Yours ly, Matthew L. S ee y Attorney for Develo rs Northwest MLS:ms