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HomeMy WebLinkAbout11-06-2006 ITEM VIII-A-1A TYOF UBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6053 reversing the Hearing Examiner's Date: Decision to Deny Application No. VAR06-0004 November 1, 2006 Department: Planning, Attachments: Ordinance No. 6053 Budget Impact: NA Building and Community Administrative Recommendation: City Council introduce and adopt Ordinance No. 6053. Background Summary: The Hearing Examiner considered the request of Larry and Maxine Greidanus to reduce the side yard setback from five (5) feet to three (3) feet to allow the construction of a patio cover at a public hearing on August 22, 2006. The Examiner subsequently issued a decision to deny the request on September 5, 2006. Afterwards, the applicant filed an appeal of the decision. On October 2, 2006, the City Council conducted a closed record appeal hearing and voted to reverse the decision of the Examiner. The attached ordinance embodies the decision of the Council. Ll 106-4 03.10.5 VAR06-0004 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 El Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police El Planning Comm. []Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ®No Council Approval: ®Yes❑No Call for Public Hearing _I_I Referred to Until Tabled Until Councilmember: Norman Staff: Davolio Meeting Date: October 16, 2006 Item Number: VIII.A.1 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 6 0 5 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REVERSING THE DECISION OF THE HEARING .EXAMINER TO ALLOW A VARIANCE TO REDUCE THE SIDE YARD SETBACK FOR A PROPOSED PATIO COVER AT A SINGLE FAMILY RESIDENCE AT 1909 N COURT SE WHEREAS, Larry and Maxine Greidanus applied to the City for a variance to reduce the required side yard setback from five (5) feet to three (3) feet to allow the construction of a patio cover at their home at 1909 N Court SE; and WHEREAS, the matter was heard by the Hearing Examiner August 22, 2006, and the Hearing Examiner's decision was to deny the variance; and WHEREAS, the applicant appealed the Hearing Examiner's decision to the City Council; and WHEREAS, the City Council scheduled a closed record hearing to review the entire record on October 2, 2006 under application number VAR06- 0004; and WHEREAS, upon the conclusion of the Closed Record Hearing the City Council reversed the decision of the Hearing Examiner and allowed the variance for the reasons set forth below. -------------------- Ordinance No. 6053 October 6, 2006 Page 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. Variance Application Number VAR06-0004 decision of Hearing Examiner is reversed to allow a variance of the side yard setback from five (5) feet to three (3) feet for the purposes of constructing a patio cover at a single family residence at 1909 N Court SE, legally described in Exhibit "A" attached hereto and incorporated herein.. Section 2. Findings Of Fact. 1. The applicants are the owners of a single family home located at 1909 N Court SE. According to their application, they purchased the home in 1996 as the original owners. 2. The house is located on a cul-de-sac and is somewhat pie -shaped. The south and north property lines are considered the two side yards of the lot. 3. The house was situated on the lot with minimal side yard setbacks at its narrowest point near the front of the lot. According to the applicants, a patio was poured at the time of home construction along the southern side of the house. At the rear of the house, the structure appears to be set back a maximum of 13.25 feet from the south property line, narrowing down to 10 feet at the eastern end of the patio. 4. According to the applicant, the patio ranges from 10 feet wide by a sliding glass door to 15 feet near the rear of the house. The patio was poured within 11 inches of the fence that separates the applicants' lot from the one to the south. 5. The applicants desire to cover the patio with a metal and Plexiglas patio cover. The cover ranges from 7 ft. 1 inch at its east end to 10 ft. 4 inches to the rear. It would be connected to the house underneath the rain gutter. The Ordinance No. 6053 October 6, 2006 Page 2 applicant proposes to install a drip rail to catch rainwater and direct it to a splash block at the west end of the patio. Once the cover is completed, the applicants intend to install a composite deck underneath, over the existing patio. 6. A six foot tall wood fence exists along the southern property line, separating this lot from the neighbor's. 7. In response to a complaint, staff from the City of Auburn Building Division visited the site in late July, 2006. They discovered a patio cover was being erected by a contractor without required permits and also that the structure was being erected as close as 7.5 inches to the south property line at its eastern end, with a 3 foot setback on the western end. The property owner was advised to stop work, to apply for a permit, and was also told of the setback problem. 8. On July 27, 2006, the owner made application for a variance for the proposed patio cover. 9. The R2 zone requires a 5 foot side yard setback for both primary and accessory structures. Since the cover would be attached to the home, it would be considered to be part of the primary structure. 10. The International Residential Code (IRC), which the City of Auburn has adopted as its standard for review of residential building permits, requires any structure closer than 3 feet to a side property line to include a fire wall for protection, regardless of construction materials. 11. The applicant states that were the 5 foot setback to be observed, the covered portion of the patio would be insufficient for practical use. 12. Other lots located on the N Court cul-de-sac also appear to have minimal side yard setbacks. 13. Staff conducted a site visit to verify site and neighborhood conditions. Other patio covers were not observed, but if located at the rear of homes, would have been blocked from view from the street. Ordinance No. 6053 October 6, 2006 Page 3 Section 3. Conditions. Approval of this variance is subject to the following conditions: 1. A building permit shall be required. 2. The patio cover shall be set back a minimum of 3 feet from the south property line, including the roof overhang and/or rain gutter. 3. All storm runoff from the patio cover shall be connected to the existing downspout drains for the residence or a separate an infiltration system shall be constructed to the criteria established in the "Handout for Residential Footing Drain Construction" (City of Auburn Public Works Department publication). 4. No deck or other surface will be allowed to be built over the existing concrete patio that would increase the elevation of such deck/patio, as it will infringe upon the privacy of the neighbors. Section 4. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 5. If any provisions of this ordinance are determined to be invalid or unenforceable for any reason the remaining provisions shall remain enforce and effect. Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6053 October 6, 2006 Page 4 Section 7. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk APPROVEWFOR /I' 2 B. Heid"-'- City eid`City Attorney PUBLISHED: Ordinance No. 6053 October 6, 2006 Page 5