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HomeMy WebLinkAboutITEM VIII-A-6 CITY OF -- .:~UBUR.~T a. WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6117 to approve the Rusnak Conditional Date: Use Permit CUP07-0002 Au ust 14, 2007 Department: Planning, Building, Attachments: Ordinance No. 6117, Budget Impact: N/A and Communit Please refer to Exhibit List Administrative Recommendation: Cit Council introduce and ado t Ordinance No. 6117 Background Summary: On July 18, 2007 the Hearing Examiner held a public hearing on the request of Matthew Rusnak to allow a professional office within an existing residential structure in the R2 (Single Family Residential) zone at 119 M Street N E. On August 1, 2007, the Hearing Examiner issued a decision recommending to City Council approval of the conditional use permit request subject to four (4) conditions of approval as follows, 1. A building permit application for the change of use shall be submitted to the Auburn Permit Center within 30 days of the effective date of the City Council ordinance approving the Conditional Use Permit. 2. Eight parking spaces shall be provided on site, which meet the dimensional requirements as established in ACC 18.52.090, including being served via a minimum 12' wide paved driveway. 3. Use of the project shall be limited to a total of four full-time employees and/or owners/tenants (or full-time equivalents) for professional office use as currently defined by ACC 18.04.750. 4. Access shall be limited to either L or M streets and shall not be open to both at the same time. Access may be restricted by a gate or other similar means acceptable to City staff. In accordance with ACC 18.66.170, the City Council upon its review of the record, may: 1. Affirm the Hearing Examiner recommendation; 2. Remand the recommendation to the Hearing Examiner; or 3. Schedule a closed record public hearing before the City Council. Staff is recommending the Council affirm the Examiner's recommendation and adopt Ordinance No. 6117. 03.10.1 CUP07-0002 L0820-2 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 ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing /_/_ Referred to Until /_/_ Tabled Until ! i Councilmember: Norman Staff: Osaki Meetin Date: Au ust 20, 2007 Item Number: VIII.A.6 t~U B~ ~ j~ ~ MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6117 List of Exhibits Exhibit 1 Staff Report to the Hearing Examiner, dated 7-10-07 Exhibit 2 Master Land Use Application, received 3-23-07 Exhibit 2(a) Site plan, received 6-18-07 Exhibit 3 Notice of Public Hearing and Vicinity Map** Exhibit 4 Affidavit of Posting** Exhibit 5 Affidavit of Mailing** Exhibit 6 Confirmation of Publication of Legal Notice** Exhibit 7 Aerial Photograph Date: August 20, 2007 ** =Exhibit is not included in the packet but is available for review upon request. Page 2 of 2 ORDINANCE NO. 6 1 1 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONDITONAL USE PERMIT TO ALLOW A PROFESSIONAL OFFICE WITHIN AN R2 SINGLE FAMILY RESIDENTIAL ZONE AT 119 M STREET NE, AUBURN WASHINGTON WHEREAS, Application No. CUP07-0002, dated March 19, 2007, was submitted to the City of Auburn, Washington by Matthew Rusnak for approval of a Conditional Use Permit to allow a professional office within an R2 Single Family Residential Zone at 119 M Street NE in Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing theron, along with staff review; and WHEREAS, the Hearing Examiner held a public hearing to consider said application in the Council Chambers of the Auburn City Hall, on July 18, 2007, and the Hearing Examiner recommended approval of the application on August 7, 2007, subject to four conditions; and WHEREAS, on August 14, 2007, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed conditions for the issuance of a Conditional Use Permit (CUP) to allow a professional office within an R2 Single Family Residential Zone at 119 M Street NE in Auburn, Washington; and Ordinance No. 6117 August 14, 2007 Page 1 WHEREAS, based upon the review given this Conditional Use Permit application by the Hearing Examiner, the City Council hereby makes and enters the following: Hearing Examiner's recommendation for Conditional Use Permit based upon the Findings of Fact, Conclusions and Recommendation which are attached hereto as Exhibit "A". NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Approval. A Conditional Use Permit is hereby APPROVED to allow for a professional office within an R2 Single Family Residential Zone at 119 M Street NE (King County Parcel 182105-9321) identified on Exhibit "B" attached hereto and incorporated in this Ordinance by reference in the City of Auburn, State of Washington, subject to the following conditions: 1. Use of the project shall be limited to a total of four full-time employees and/or owners/tenants (or full-time equivalents) for professional office use as currently defined by ACC 18.04.750. 2. Access shall be limited to either L or M Streets and shall not be open to both at the same time. Access may be restricted by a gate or other similar means acceptable to City staff. 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 No. 6117 August 14, 2007 Page 2 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. 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. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6117 August 14, 2007 Page 3 APPROVED AS TO FORM: Attorney PUBLISHED: Ordinance No. 6117 August 14, 2007 Page 4 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 Phil Olbrechts, Hearing Examiner RE: Matthew Rusnak FINDINGS OF FACT, CONCLUSIONS Conditional Use Permit OF LAW AND RECOMMENDATION CUP07-0002 INTRODUCTION The applicant has applied for a Conditional Use Permit to convert asingle-family residence into a law office. The Examiner recommends approval of the request subject to conditions. ORAL TESTIMONY Stacy Borland with the City's Planning Department introduced and summarized the staff report. She noted that the application is for a conditional use permit for a professional office building at 119 M Street NE. The lot is zoned Single Family Residential R2. There already exists a structure on the site that is being used as a professional office building, and the City currently has an open code enforcement action against the property. Although the structure is asingle-family home, no one is living in it, and the entire structure is being used as a professional office for a solo law practitioner. Ms. Borland testified that there currently is insufficient off-street parking to meet the requirement of the code. Design standards, including paving and driveway width, must be met, and eight spaces must be provided. Applicable driveway standards are those for commercial properties, which is 24 feet. There are two access points to the property. One is on M and the other is on L Street. The applicant will need to request a deviation from City standards from 24 feet to 18 feet for the access point on L Street because the lot is only 20 feet wide at this point. (The subject lot is a panhandle lot with the panhandle serving as the access to L Street.) Ms. Borland clarified for the Hearing Examiner that there is no landscaping requirement for R2 zoned lots. Furthermore, in this case, staff did not find a need to impose a landscaping requirement as a conditional use requirement because sufficient landscaping and fencing is already in place. She also added that the number of parking spaces required under the City code depended on the square footage of the subject building. {PA0669532.DOC;1/00083.900000/} Conditional Use p. 1 Findings, Conclusions and Decision Joe Welsh, the City's traffic engineer, testified that approval of the conditional use permit would have a negligible impact on traffic. Instead, parking was the City's main concern. He noted that M Street is an arterial, whereas L Street is residential. It would be ideal to limit access to the property to M Street, but a secondary access through L Street could become useful for the property if full access, or left-turn egress from the property to M Street, were to be restricted in the future. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The applicant testified that the root cause of the code violation stemmed from misinformation provided by Windermere's professional space property manager, who assured him that the property was zoned for his intended use. He claimed that there was no willful intention to violate the code. He noted that there was sufficient space on the back of the property to provide the required off-street parking. Furthermore, he testified that a padlocked gate prevented access to and from M Street. Access would, in practice, be from L Street. It would result in no parking on M Street, and all of it would be provided off-street. He noted that there was no parking allowed per City regulations on the portion of M Street abutting the subject property. Although he was the lessee and not the owner of the property, he testified he had no intention of changing the outside appearance of the property or affecting the character of the neighborhood. He noted that there is a strip mall with a grocery store two properties down the street, and asingle-family residence that was converted to a photo studio across the street. He apologized and noted that there was no reason to disbelieve claims made by the property manager at the time he began commercial use of the property. Burt Cain, a nearby property owner, expressed concern with the alley access from L Street. He wondered whether instant approval would open the floodgates to traffic on the alley. He noted that use of the alley was already at capacity and it could not handle additional pressure. The Hearing Examiner noted, and Ms. Borland agreed, that a conditional use permit runs with the land. Therefore, if new tenants for a professional office building moved in, which resulted in heavier demand on traffic, they would nevertheless not be subject to additional conditional use requirements. Mr. Cain added that the alley was not wide enough to accommodate two-way traffic and it was often used by children and domestic animals. He also noted that King County had told him the alley was an open access lot and the padlocked gate was illegal because it prevented access of public safety vehicles. Mr. Welsh responded that the alley was 20 feet wide and capable of accommodating two-way traffic. In addition, the alley was on private property. As for the fence, staff would review its status. The applicant responded that he would be willing to give assurances that the gate would remain locked and that the M Street access would remain closed. The Hearing { PA0669532.DOC;1/00083.900000/ } Conditional Use p. 2 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19~ 20 21 22 23 24 25 Examiner noted, however, that future users could take the gate down and use the property as acut-through. Mr. Welsh replied that ideally, commercial access should be from M Street (arterial) rather than L Street (residential). However as noted earlier, full M Street access in the future could be limited. He therefore believed that maintaining a secondary access through L Street for the subject property would be a wise precaution. EXHIBITS Exhibit Nos. 1 through 7, see page 2 of the July 10, 2007 staff report. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Michael J. Rusnak. 2. Hearin. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn City Hall in the Council Chambers on July 18, 2007. Substantive: 3. Site/Proposal Descri tp ion. Michael Rusnik -has applied for a Conditional Use Permit to convert a 2,280-square-foot single-family residence into a single law office. He is already using the property as a law office because he was not aware that a conditional use permit is required. The site contains asingle-family home and an attached garage and carport. The property is accessed off of L Street NE to the west via a 20-foot-wide gravel driveway, and accessed off of M Street NE to the east via a 10-foot-wide concrete driveway. The M street access point is gated and not currently used for access. The site is large enough to accommodate the eight parking spaces required by the Auburn City Code. Asix-foot-high fence runs along the western property line of the property. 4. Characteristics of the Area. The project site fronts a heavily congested arterial in an area predominantly zoned R2 but primarily characterized by commercial use along M Street. The property is surrounded on three sides by single-family developments and on the south side by asingle-family home currently under review for a professional office building. See Cruze Conditional Use Permit, CUP07-0001 (hereinafter "Cruze"). To the south of the proposed professional office building is a commercial shopping center. In contrast to the commercial development that predominates along M Street, the property to the west is a quiet single-family neighborhood. A church, camera shop, and gas station as well as other commercial uses are all within a couple blocks of the project site. (PA0669532.DOC;1/00083.900000/ } Conditional Use p. 3 Findings, Conclusions and Decision 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. Adverse Impacts. No significant adverse impacts are associated with the proposed use of the building for a single law office with gated access to M Street. However, it is recognized that a blanket approval of this conditional use permit application would allow the conversion of the building to a significantly more intense use of the building for professional office space without further conditional use permit review. The building is only slightly smaller than the building in the Cruze application. As demonstrated in the Cruze application, the parking required by the City Code may not be adequate to serve professional office buildings along M Street when the buildings are used to house a maximum number of tenants. A neighbor also raised concerns about the use of the lot for through access between L and M streets. Given the congestion on M Street, this is a valid concern. For these reasons it is recommended that the number of tenants and the access to L and M Streets be limited in the conditions of approval. Dual street access or an increase in the number of allowed tenants could be requested through another conditional use permit application. The residence to the west is separated from the subject property by asix-foot-high fence, which is adequate buffering for the proposed use. The property to the south will also be used for professional office space, so buffering is not necessary. Both homes to the north and east front on heavily congested M Street and are already surrounded by commercial uses. Additional buffering would not make any appreciable difference in this high intensity environment. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 18.64.020(A) grants the Hearing Examiner with the authority to review a request for a Conditional Use Permit and make a recommendation to the City Council. Substantive: 2. Zoning Desi nation. The property is zoned R2, Single-Family Residential. 3. Review Criteria and Application. Professional office buildings are permitted within an R2 zone if the criteria for a conditional use permit are met. See ACC 18.14.030(H). Chapter 18.64 ACC governs the criteria for a conditional use permit. Those criteria are quoted below and applied by corresponding conclusions of law. ACC 18.64.040(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 no more injurious, { PA0669532.DOC;1/00083.900000/ } Conditional Use p. 4 Findings, Conclusions and Decision economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. The primary permitted use in the R2 zone is asingle-family dwelling. See ACC 18.14.020(A). The primary adverse impacts of concern are noise, light and traffic. As discussed in the Findings of Fact, the fencing along the west property line provides adequate mitigation for these types of impacts, given the context and location of adjoining residential uses. Eight parking stalls for a solo law practice should be more than sufficient to handle parking demand. Given the nominal impacts of the project, as mitigated, the project should not generate any adverse impacts that would materially exceed those of asingle-family home. ACC 18.64.040(B): The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. 5. As noted in the staff report, the Comprehensive Plan designation for the site is "office residential" which encourages the reservation of areas to accommodate professional offices for expanding medical and business services, while providing a transition between residential and more intensive uses and activities. The low- intensity office use proposed for the site combined with the fact that the building is a single-family residence is clearly consistent with the Comprehensive Plan designation for the site. ACC 18.64.040(C): The proposal complies with all requirements of this title. 6. The primary code issues are parking, landscaping, storm drainage, frontage improvements and street access. Staff have determined that there is sufficient space on the site to accommodate the eight parking stalls required by ACC 18.52.020(B)(12). No landscaping is required in the R2 for professional office space, except for what maybe found necessary in the conditional use permitting process. As noted in the findings of fact, the existing six-foot fence is sufficient to meet the buffering needs of the project and no additional landscaping is needed. The City's stormwater standards, which will be implemented at building permit review, are sufficient to address the stormwater impacts of the project. Staff also testified that frontage improvements may be required at building permit review for M Street. ACC 12.64.020 specifically requires frontage improvements to be assessed and required during building permit review. The street access is the most problematical of all the code compliance issues. Staff testified that the access width for a commercial use property is 24 feet. The property currently accesses L Street with a 20-foot-wide panhandle. The applicant will have to acquire a modification to continue the use of the L Street access point, which according to staff, would be acquired at the building permit stage of review. ACC 12.20.050 provides that driveway width is governed by the Auburn Design and Construction Standards and that deviations may be granted by the Public Works { PA0669532.DOC;1/00083.900000/ } Conditional Use p. 5 Findings, Conclusions and Decision Committee of the City Council. If the applicant fails to acquire a deviation, he can simply access M Street, where his property has the required width. This access point is currently gated closed and not used. Given the options available to the applicant to provide code compliant street access, it is appropriate to conclude at this stage of review that access can be adequately addressed during building permit review. 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACC 18.64.040(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. 7. The proposed use will be housed in a single family residence, which is, of course, consistent with the single-family character of the vicinity. The paved parking (to be located on the west side of the property) is more intense than the single-family uses to the west, but this will be buffered by asix-foot-high fence. ACC 18.64.040(E): The proposal will not adversely affect the public infrastructure. 8. Staff testified that the traffic generated by the project is too nominal to make any measurable difference to the level of service for M Street. Staff also found that all other public infrastructure is adequate to meet the needs of the project. ACC 18.64.040(F): The proposal will not cause or create a public nuisance. 9. The site abuts an area of the M Street NE arterial that is heavily congested and is surrounded by intense commercial uses such as a commercial shopping center, a church, and other smaller commercial facilities. The project does border a quiet residential community to the west, but the screening and relatively low intensity of the proposal prevent any incompatibility that may rise to a level of a public nuisance. DECISION The Hearing Examiner recommends approval of the recommended Conditional Use Permit and adopts the recommended conditions of approval listed in the July 10, 2007 staff report. The Examiner also adds the following recommendations: 1. Use of the project shall be limited to a total of four full-time employees and/or owners/tenants (or full-time equivalents) for professional office use as currently defined by ACC 18.04.750. 2. Access shall be limited to either L or M streets and shall not be open to both at the same time. Access may be restricted by a gate or other similar means acceptable to City staff. { PA0669532.DOC;1/00083.900000/} Conditional Use p. 6 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '~ 18 19 20 21 22 23 24 25 / f= Dated this 6 day of 2007. Phil Olbrechts City of Auburn Hearing Examiner { PA0669532. DOC;1 /00083.900000/ } Conditional Use p. 7 Findings, Conclusions and Decision EXHIBIT B LOT 2 AUBURN SHORT PLAT NO SP-1-81 RECORDING NO 8102020562 SD SHORT PLAT BEING A POR OF SW 1/4 NE 1/4 STR 18-21-05 DAF: BEG NE COR LOT 18 BLK 7 FRENCH'S ADD TO TOWN OF SLAUGHTER TH N 120 FT TH W AT R/A PLW S LN SD BLK 7 DIST 127 FT TH S 120 FT TO N LN LOT 14 SD BLK 7 TH E 127 FT TO POB TGW POR VAC FRENCH'S ADD TO TOWN OF SLAUGHTER & OF VAC STS & ALLEYS THIN DAF -- BEG NW COR LOT 10 BLK 7TH ELY ALG SLY LN OF ALLEY IN SD BLK 7 TAP 7 FT WLY OF NE COR LOT 14 IN SD BLK 7TH NLY ON LN PLT E LN "L" ST NE 120 FT M/L TO SLY LN JEFFERSON ST (VAC) TH 127 FT M/L TO WLY LN "M" ST NE TH NLY ALG SD WLY LN "M" ST NE 70 FT M/L TO N LN JEFFERSON ST (VAC) TH WLY ALG NLY LN JEFFERSON ST (VAC) 270 FT M/L TO E LN "L" ST NE TH SLY ALG ELY LN "L" ST NE 190 FT M/L TO POB LESS POR TAKEN FOR WIDENING OF "M" ST (REC #2496213) & LESS WLY 1/2 VAC JEFFERSON ST ~: ACITY OF l ~ ~T" l 1~~~ J~~1~1 r WASHINGTON ~~>b~~~t l Number of Pages AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing Application No. CUP07-0002 Date: July 10, 2007 Department: Planning, Attachments: Please refer to Exhibit Budget Impact: NA Buildin ,and Communit List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the requested Conditional Use Permit based upon the Findin s of Fact, Conclusions and Conditions as outlined below. Background Summary: OWNER: Janet Mattheis APPLICANT: Matthew J. Rusnak REQUEST: Allow a professional office at 119 M Street NE on property zoned R2, which requires a Conditional Use Permit. LOCATION: The property is located at 119 M Street NE. EXISTING ZONING: R2, Single Family Residential District EXISTING LAND USE: Single family home occupied by a law office. COMPREHENSIVE PLAN DESIGNATION: Office Residential (east side/majority of property) Single Family Residential (west sidelpanhandle access) SEPA STATUS: Exempt 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 ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/ Referred to Until _/_/_ Tabled Until ! / Councilmember: Staff: Borland Meetin Date: Jul 18, 2007 Item Number: AU$U~N ~ MORE THAN YOU IMAGINED Agenda Subject: Application No. CUP07-0002 Date: 7/10/2007 The Comprehensive Plan designation, zoning designation and land use of the surrounding properties are: Comprehensive Plan - Zoning ~ ' ` - - Land Use North Office Residential R2, Single Family - Single family residential Residential District South Office Residential R2, Single Family Single family Residential District residential/proposed rofessional office East Office Residential R2, Single Family Single family residential Residential District West Single Family R2, Single Family Single family residential Residential Residential District EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Master Land Use Application and site plan, received 3-23-07 Exhibit 3 Notice of Public Hearing and Vicinity Map Exhibit 4 Affidavit of Posting Exhibit 5 Affidavit of Mailing Exhibit 6 Confirmation of Publication of Legal Notice Exhibit 7 Aerial Photograph FINDINGS OF FACT: 1. Matthew Rusnak (tenant) has applied for a Conditiona- Use Permit to legalize an existing non- conforming law office at 119 M Street NE in the R2 (Single Family Residential) zone. Pursuant to Auburn City Code (ACC) 18.14.030.H, professional offices may be permitted when a Conditional Use Permit (CUP) has been issued pursuant to ACC 18.64. 2. The site contains a single family home used as a law office, attached garage and carport, detached garage, and a paved parking area. The property is accessed off of L Street NE to the west via a 20' wide gravel driveway and accessed off of M Street NE to the east via a 10' wide concrete driveway. The property also has small groups of landscaping typical of a residential property. 3. Surrounding development includes residential and business uses. The owner of the adjacent property to the south is also pursuing a Conditional Use Permit for a professional office (City file no. CUP07-0001). 4. Per ACC 18.52.020.8.12, off-street parking for a professional office is required at a ratio of 1 space per 300 square feet of gross floor area. According to this provision, since the structure is used as a professional office and is 2,280 square feet in size, the site is required to have at least 8 parking spaces. The site plan shows the property is large enough to accommodate the required parking. 5. Landscaping may be required because a residential use has been converted to a nonresidential use, as stated in ACC 18.50.020.8, Page 2 of 6 Agenda Subject: Application No. CUP07-0002 Date: 7/10/2007 "B. When additions, alterations, or repairs of any existing building or structure exceed 50 percent of the value of the building or structure, or a residential use is converted to a nonresidential use, then such building or structure shall be considered to be a new use and landscaping provided accordingly; provided, that if any existing foundation or fence layout precludes full compliance herewith, then the landscaping requirements may be modified by the planning director. (Ord. 4914 § 1, 1996; Ord. 4304 § 1(33), 1988; Ord. 4229 § 2, 1987.)" Per ACC 18.50.050.A the type and amount of required landscaping is to be determined at the time a CUP is reviewed. 6. The RZ (Single Family Residential) zone district allows residential and related uses (see ACC 18.14.020 and 18.14.030). The intent of the R2 zone is: "...create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density. This district will provide for the development of single-family detached dwellings, not more than one such dwelling on each lot, and for.such accessory uses as are related, incidental and not detrimental to the residential environment. Multiple family dwellings may be permitted as conditional uses only to the extent such uses conform to guidelines of the comprehensive plan." 7. The R2 zone development standards including setbacks and lot requirements are contained in ACC 18.14.040. 8. The Office Residential Comprehensive Plan designation is intended to "reserve areas to accommodate professional offices for expanding medical and business services, while providing a transition between residential uses and more intensive uses and activities." 9. In the City of Auburn Comprehensive Transportation Plan M Street NE is classified as a principal arterial. 2005 traffic volumes on M Street NE in this area were approximately 18,900 vehicle trips per day. L Street NE is a classified as a local residential street. 10. M Street NE features curb, gutter and sidewalk. Auburn City Code Chapter 12.64 requires the completion of half street improvements and right of way dedication for commercial development when the value of on-site improvements exceeds 25% of the assessed valuation of existing property improvements or which adds five or more new parking stalls. Current assessed valuation of these improvements is $192,000 according to King County records. The City of Auburn Traffic Engineer reviewed the application and determined that the owner needs to dedicate 5.5 feet of right of way on M Street NE. 11. The proposed development falls below the SEPA categorical exemption thresholds; therefore, a SEPA checklist and determination are not required for the proposed professional office. 12. The city currently has an open code enforcement violation for the property related to the law office, which has been in operation without obtaining the required Conditional Use Permit. 13. Staff conducted a site visit on July 9, 2007, to verify the site plan and surrounding conditions. CONCLUSIONS: ACC Section 18.64.040 (A-F) provides certain criteria for approval of a conditional use permit: Page 3 of 6 Agenda Subject: Application No. CUP07-0002 Date: 7/10/2007 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. The R2 zone allows for residential development permitted outright while a professional office requires review and approval of a conditional use permit. The project site is small (approximately .43 acre in size) and contains a residential structure within which the business is conducted. Development of the property will involve establishment/expansion of paved parking stalls and right of way dedication. Additional access improvements may be required including but not limited to, widening of the driveways, pavement of unpaved areas, restriction of traffic to a one-way flow, and preclusion of one of the access points (either M Street NE or L Street NE) for business purposes (to be used for emergency access only). The application of these access improvements will be determined by the City of Auburn Traffic Engineer at the time the building permit is submitted which must have a site plan that shows the proposed parking layout. A traffic study is not required for the new business and the site is capable of accommodating the required number of parking stalls. According to the applicant, the nature of the law practice involves almost no client visitation to the office. Auburn City Code contains provisions for development standards including setbacks, sign regulations, landscaping requirements, and parking provisions that ensure development patterns are consistent throughout the city. The change of use of the house to a professional office requires plans to be submitted to the Auburn Permit Center and a building permit be obtained to verify compliance with building codes, including accessibility and usability. Staff recommends the project be conditioned to require a building permit be obtained for the change of use of the single family dwelling. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Office Residential Comprehensive Plan designation is suited for areas in transition. "As a transition this designation can serve as an appropriate buffer between heavily traveled arterials and established single family areas. It would be particularly appropriate in areas where large traffic volumes have affected an established residential area." (page 14-13, Auburn Comprehensive Plan (ACP)). Areas with an Office Residential designation are, "reserved to accommodate growth in this sector, which is largely expressed in the form of professional offices. This category also assures space to accommodate the rapid growth that is occurring in business services and other service oriented activities." (page 14-13, ACP) This appears to be a suitable location for an office use, to act as a transition in intensity between the abutting residential uses and nearby more intensive business uses. Staff finds the proposal to be consistent with this criteria. 3. The proposal complies with all requirements of this title (i.e., Zoning Code). Matthew Rusnak has applied for a Conditional Use Permit to allow establishment of a law office at 119 M Street NE in the R2 (Single Family Residential) zone. Pursuant to Auburn City Code (ACC) 18.14.030.H, professional offices may be permitted when a Conditional Use Permit (CUP) has been issued pursuant to ACC 18.64. The proposal includes conversion of an approximately 2,280 square foot single family home into a law office, which is considered to be a professional office, which requires a Conditional Use Permit. Page 4 of 6 Agenda Subject: Application No. CUP07.0002 Date: 7/10/2007 As depicted on the site plan there appears to be adequate space available on site that could accommodate the necessary parking and backing areas at the required dimensions. The parking spaces are required to meet the dimensional requirements as established in ACC 18.52.090, including being served via a minimum 12' wide paved driveway. Landscaping may be required because a residential use has been converted to a nonresidential use, as stated in ACC 18.50.020. B. Compliance with landscaping requirements for properties that have existing buildings is required to the maximum extent possible; per ACC 18.50.020. In accordance with ACC 18.50.050.A the type and amount of required landscaping is to be determined at the time a CUP is reviewed. As the applicant is not proposing additions to the structure or signage and since a 6' wooden fence exists between the parking area and residence to the west, staff recommends that no additional landscaping be required. The applicant has indicated that no signage is proposed for the office use. If in the future a sign is desired the site will be subject to ACC Section 18.56.040.A. Staff recommends the project be conditioned to ensure the parking area meets City of Auburn dimensional requirements and that the required number of spaces be provided. 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. Development of the property includes using the residence for the business and establishment/ expansion of paved parking stalls and associated access improvements. The neighborhood already consists of a mix of residential development and personal and professional business services. Staff finds the proposal to be consistent with this criteria. 5. The proposal will not adversely affect the public infrastructure. The proposal has been reviewed by other city departments including Public Works. There is no evidence that the public infrastructure will be affected by the proposal, as long as adequate provisions are made with regard to addressing stormwater runoff from the creation of new impervious surfaces of the parking area. Additionally a traffic study is not required for the new business and the required number of parking stalls can be provided. Development of the property will involve establishment/expansion of paved parking stalls and right of way dedication. Additional access improvements may be required including but not limited to, widening of the driveways, pavement of unpaved areas, restriction of traffic to a one-way flow, and preclusion of one of the access points (either M Street NE or L Street NE) for business purposes (to be used for emergency access only). The application of these access improvements will be determined by the City of Auburn Traffic Engineer at the time the building permit is submitted which must have a site plan that shows the proposed parking layout. Staff finds the proposal to be consistent with this criteria. 6. The proposal will not cause or create a public nuisance. The proposal involves a business use in a residential zone. Nearby and adjacent uses include a mix of residential housing and other businesses. Typically, office uses generate little noise other than that caused by vehicular traffic. If closed during evening hours, they can possibly generate less impact in hours when residents are typically home than a residential use. There is no record of the law office having caused any public nuisances. Page 5 of 6 Agenda Subject: Application No. CUP07-0002 Date: 7/10/2007 Staff finds the proposal to be consistent with this criteria. RECOMMENDATION 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 Us_e Permit with the following conditions of approval: 1. A building permit application for the change of use shall be submitted to the Auburn Permit Center within 30 days of the effective date of the City Council ordinance approving the Conditional Use Permit. 2. Eight parking spaces shall be provided on site, which meet the dimensional requirements as established in ACC 18.52.090, including being served via a minimum 12' wide paved driveway. Staff reserves the right to supplement the record of the case to respond to matfers and information raised subsequent to the writing of this report. Page 6 of 6 r, ~ crrr of , *~ WASHINGTON E~etbit ~- Nnmber of Pages Planning, Building, and Community Department MASTER LAND ZISEAPPLICATION-PLANNINGAPPLICATIONS Project Name ~ >/~( `< -~l~'NiQPj/(:~'ll~ (~l~j e ~ Parcel No(s) ~ ~~ / Legal Description (attached separate sheet if necessary) Administrative Appeal* Administrative Use Permit* Annexation Boundary Line Adjustment Comprehensive Pian Amendment (Text or Map)* Conditional Use Permit* Critical Areas Variance* Development Agreement* Environmental Review (SEPA)* Final Plat Preliminary Plat* PUD Site Plan Approval Rezone (site sDecificl* Page 1 of 2 Short Plat Special Exception* Special Home Occupation Permit* Substantial Shoreline Development* Surface Mining Permit* Temporary Use Permit Variance* *Please note that public notification is required- A separate cost is charged for the signs. Ciry prepares signs but applicant responsible for sign posting. MAR. 2 3 2007 AIJB~T~N ~ MORE ~t~l-SAN YoU »19OJ~i]DEPRRTMENT ~ Type of Application Required (Check all that Annlvl 6~MAR, r5v2OO16 ~_ 32P~539393575 LAW OFFIC~.S OF I~JR NQ. ~ 2O1 iP. 2 yl crrroF .:..~,~ - w~-sxtNGroN Pla-rning..Building, and Community ,Department LE'f')'ER FROM P~tOPERT OWNER GRA~1'l^ING Ail'l'130RIZA'I~ON' TO ACT (A copy of this letter Anust be sub>oaitted for e$ch property oavmer involved) 1, ~? being duly ~vvo declare that I am the owner of the prop67~ty (pROPER'iY OWNER) .r Lnvolved itt the application. Z h by grant of ~ ~~ to act on my beh lf.. I further declare that all statements, anewrts, and irnformation herein submitted is in atI respects tzue and correct to the best of my lotaowledge and belief. - _j --G~-O`7 Signatwe Date ~ ~ . ~1~'%!-~n I~r Ad ess ~~ Subscribed and swoz~o to before ale this day of ~~~ ~ O ~ _ ~~ Notary public in and for the State of~wasliingter~; ,C~tn-~-~~ Q`~ ~i ~'1G~ Residing at ADAM TAYLOR NOTARY PUBUC -ARIZONA PIMA COUNTY My Commission Expires Au ust 6 2010 Page 2 of 2 ~`S.U$URN * MOR1: THAN YOU ltvtAGINkD