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HomeMy WebLinkAbout12-16-2003HEARING EXAMINER MINUTES FOR DECEMBER 16. 2003 PUBLIC HEARING. The meeting of the Auburn Hearing Examiner was held on December 16, 2002 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: HEARING EXAMINER: Diane L. VanDerbeek STAFF: Community Development Administrator David Osaki, Planner Sean Martin and Carolyn Brown, Secretary Ms. VanDerbeek called the meeting to order at explaining the order of procedures and swore in staff and those in the audience intending on testifying. PUBLIC HEARINGS: 1. VAR03-0013 is a variance to allow a covered, unenclosed patio roof addition to an existing single family dwelling to encroach into the required rear yard setback. The request is from Mr. Jeff Lindell for his property located at 5201 Nathan Loop SE. Community Development Administrator Osaki presented the staff report. The address is located in the R-2 single family residential. The request is to allow an addition of a covered but unenclosed deck. Staff looked at criteria of the request in two broad concepts. One question is would the variance have a negative impact on the neighborhood. The structure is 15 foot tall and attached to the house. Staff received two letters from neighbors indicating the deck would not impact them. The required special circumstances that relate to the property have not been found. Staff is recommending denying the variance due to the lack of special circumstances. Hearing Examiner VanDerbeek asked if the patio cover is just a shelter. Community Development Administrator Osaki answered yes that is correct for the patio area. Hearing Examiner VanDerbeek asked for public comments and Jeff Lindell, the applicant responded. He provided Hearing Examiner VanDerbeek pictures of the site taken from a different angle (with blue tarp). The pictures also show a house two doors away that has about the same patio cover. Hearing Examiner VanDerbeek stated that if she allows this will there be additional applications from other homes. She also asked if Mr. Lindell had the proper permits. Mr. Lindell answered that he started to build before the permits were issued. Hearing Examiner VanDerbeek stated that she had no further questions. Hearing Examiner VanDerbeek asked if there were additional comments. Terry Huet at 5129 Nathan Loop said that he is Mr. Lindell's neighbor to the north. When he sits on his deck he has no problem with the visual into Mr. Lindell's yard.. Karl Heilburn 5207 Nathan Loop SE is the neighbor to the south. He doesn't see a reason to not grant the variance. His deck extends out about the same distance. It will be uniform with the rest of the neighborhood. Dave Turner 5304 Nathan Loop SE added that he is also in support of the deck. It doesn't seem to hinder the architecture. Hearing Examiner VanDerbeek asked if staff had any rebuttal. Community Development Administrator Osaki commented that the testimony is consistent with the character of the neighborhood. Mr. Lindell is trying to right an error. However, the City has to have something unique or special about the property in order to grant the application. The conditions would be 1) have the applicant secure the permits; and 2) The covered patio structure should be consistent with the site plan. Hearing Examiner VanDerbeek stated that her decision would be within 10 days. 2. CUP-03-0008 Underwood - Planner Martin gave staff report. Gave history the use existed in 1979 to allow a 64 bed expansion, another application in 1991. Under current expand to 18 beds, to 36 total. PAGE 1 HEARING EXAMINER MINUTES FOR DECEMBER 16. 2003 PUBLIC HEARING. Constitutes a major change to original application. Staff does not think the proposed expansion will cause any changes to the neighborhood. Existing facility is will not create any impacts to the area. Staff recommends approval of the CUP. Hearing Examiner VanDerbeek appx 20,000 sf expansion is just to add new beds. Planner Martin not sure if administration areas may be expanded. Jim Anderson, with Ruhl Parr- architects. Does seem like a lot of room for the number of beds. Each unit will be a two bedroom unit, with a sitting room. Will like the extra room for overnight guests. 18 units = 36 beds. Will be dependent upon staff to drive them to appointments, shopping, etc. Hearing Examiner VanDerbeek expansion is for living space. Mr. Anderson correct. No additional testimony. Closed public hearing. 3. CUP03-0007 - Dennis Clark - Planner Martin gave staff report. Currently developed with two duplex structures. One will have to be modified. 1 unit per 3,695 sf. Proposal is in compliance with lot requirements. Street vacation will be complied with (4th st se). If vacation request is not approved, the application will have to be adjusted to comply with the lot size. 5 ft width on length of property associated with M st. Staff does not anticpate that the proposal will adversely affect the neighborhood. Staff recommends approval. Conditions:l dedicate 5 ft width on 3rd, 2 minor adjustments may be required to application 3 if street vacation not approved will require some modification to the plans. Andy Rykles engineer for applicant. Contigent on ability to vacant the unused right of way thru the property. Will allow for the more orderly development of the property. Will agree with the conditions. Andy one two car garage structure to each units. Existing units will not get a garage. Jack Parson 1302 3rd St SE. VP of Maple Condiminium to the east. 15 new families into the area will increase the traffic to the area. Noise and air pollution will be going on this summer. Public access will be thru the condiminiums hopefully the new apartments will not use the driveway. Hearing Examiner VanDerbeek rdbuttal. Planner Martin in terms of the access, the rear portion will be thru their propert and not on the other property. Darrell Clair 10703 SE 318th PL 98092. Fences will be totally around the property. Will cut down on extra traffic thru the condos. Will abide by City hours. 4. CUP03-0004 - Apostolic Church. Allow construct of a church in a residential office zone. Planner Martin gave staff report. One off street parking space required for five seats. Proposal for will require more parking. Applicant will need to provide the city with the floor plan to provide the parking spaces for the seating. Criteria to grant CUP no more adverse affect on area then other uses that are permitted in the zone. Will not create an adverse impact to the area. Proposal not expected to alter the area or the corridor. More of a mixed use character along M street. Staff recommends approval of the CUP. Hearing Examiner VanDerbeek how many pews are proposed? It appears that the cars will be full of people. Hearing Examiner VanDerbeek 13 pews and 7 half pews. 200 people could probably fit in the church. Planner Martin haven't done the math. Hearing Examiner VanDerbeek parking doesn't seem enough. Planner Martin found the proposal consistent with the linear inches. 750 sf multipurpose room, also, a day care room. Juan Feliciano, pastor. Have 70 members at this time. Will not have daycare, but the room is a nursery for during the service. Hearing Examiner VanDerbeek do you think there are enough parking for the plan. Mr. F yes I think there are enough. Elmore Williams, construction firm. Congregation is not that large, would like to build a facility to accommodate future growth. The space is a potential use. The 24 parking stalls should be adequet for the use now. Space allows for 320 in the church. No rebuttal. Close the pubic hearing. PAGE 2 HEARING EXAMINER MINUTES FOR DECEMBER 16. 2003 PUBLIC HEARING. 5. PLT03-0003 - Honeysett and VAR03-0012 - Honeysett will be held together. Planner Martin gave staff report. Provided overhead information. If a lot abuts an arterial, those lots must orient there yards to the arterial (17th street), The site has an existing church which will be demolished. Staff recommends approval of the preliminary plat. It is within city requirements. SEP issued DNS. Staff recommends approval of pit to CC. Variance application for two separate items. One relates to landscaping. This is institutional zone so requires 5 ft width of landscaping around the perimeters and along the streets. Would require 5 ft landscaping around the entire area. Single family subdivision and strict application of the code would require the applicant to do something no other development has done. Institutional zoning 5 ft width of application is appropriate to screen from the street. The variance is related to the lot orientation of lot 10. Code mandates that the front yard setback be measured from the street. Applicant requested the city consider an alternate yard orientation. Outstanding characteristics are the house would be very narrow. To create a more reasonable building pad. The alternative would be to change. Staff does recommend approval of both conditions, with considerations. Gerry Honeysett, developer. I zoning already allowed 6000 sf lots to be developed. Asking for continued use of that proposal. Lot 10 would ask that particular site to have the same ability to have a home put on it as the lot across the street. The church on the property is in dry rot. Congregation could not afford to repair the building. Will try to put in homes that may resemble the 1940's style. Property will be fenced. Hearing Examiner VanDerbeek how may sq ft and price. GH 240k, not sure as to the sq ft yet as some need to be redesigned. Frank Rice, 1811 F St SE. Condos to the south. 2 concerns. 1 provisions for drainage. Extensive drainage to the existing facility. Drainage system in the new street. Would like to have provision for roof drainage. 2. The devolpment is somewhat unique as it will appear to have all back yards or side yards to the arterial. Vegatation buffer would like to see the City put some type of condition on the type of fence used and set back from the sidewalk. Gerry Honeysett, have had a preliminary pre con meeting and city expressed requirements for the drainage. The fence could be matched to the fence on existing property and he would like to replace the fence and have a more decorative and painted fence. Charlene Rice 1811 F St SE #2. Wondering are they planning on hooking up to the existing fence or building a fence of there own? Mr. Honeysett, the fence is 3-4 in inside the property line. Superflouse to put a fence beside the fence. Contact the tenants about painting the fence. Planner Martin said Mr. Rice comments on drainage. Applicant and City met to discuss the runoff to the street Have desingned an infiltration gallery. But storm utility has reached concurrence with applicants engineer. Roof runoff to be tight linged into a detention area. Runjoff from this site may be tied into the regional facility. Related to the fence. Staff mmet with Mr. Honeysett. Code does allow applicant to construct a 6 ft high fence. Provided fence is set back 5 ft and landscaped. Absent the set back and landscaping the fence would be 4 ft high. Code provides for adequate treatment and design standards. The public hearing was closed. Written decision issued with in 10 days. ADJOURNMENT: With no further items to come before the Hearing Examiner, the meeting was adjourned at 8:20 p.m. PAGE 3