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HomeMy WebLinkAbout09-16-2003HEARING EXAMINER MINUTES SEPTEMBER 16, 2003 The meeting of the Auburn Hearing Examiner was held on September 16, 2003 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: David Osaki, Sean Martin, Mitzi McMahan, and Patti Zook Ms. VanDerbeek called the meeting to order at 7:00 p.m. explaining the order of procedures and swore in staff and those in the audience intending on testifying. PUBLIC HEARINGS 1. APPLICATION NO. MIS03-0004 Hearing Examiner opened the public hearing. Planner McMahan presented the staff report. Anneliese Rose has requested a special home occupation permit to allow a reflexology and reiki business insider her home located at 6417 Rebecca Court SE. A site visit was performed. The City has previously considered these types of businesses to be personal service shop. The application meets all of the 11 criteria. Sufficient parking can be provided. Staff recommends approval with one condition. The applicant is present, did not present additional testimony, and does not have a problem with the condition. Hearing Examiner indicated receipt of a letter from the Lakeland HOA which was marked as Exhibit 2. The HOA has determined that the in-home business is not a violation of the Lakeland HOA CC&Rs. Hearing Examiner closed the public hearing. She indicated that she will approve the request and the written decision will be issued within 10 days. 2. APPLICATION NO. VAR03-0008 Hearing Examiner opened the public hearing. Planner Martin presented the staff report. Kurt Keepfer has requested a variance to allow a porch to encroach into the front yard setback at his house located at 204 Pike Street NE. He gave a brief history of the application. Applicant did not receive building permits for the porch and in fact received violation notices. The variance would resolve some of the violations. The property was platted in 1912 and the house constructed in 1922. The request meetings the variance criteria. The majority of houses in the area were constructed without the setback required under current standards and the house is consistent with adjacent homes. Staff recommends approval with one condition. Hearing Examiner suggested changing the words 'subject structure' to 'porch' and Planner Martin agreed. Mr. Keepfer is hoping variance will be approved. He will get permits or do any required changes. The porch was rebuilt the same way as it was. The old porch was a safety hazard. There was no public testimony and the public hearing was closed. Hearing Examiner will issue the written decision within 10 days. She indicated she will approve the variance. 3. APPLICATION NO. CUP03-0006 Hearing Examiner opened the public hearing. PAGE 1 HEARING EXAMINER MINUTES SEPTEMBER 16, 200] Planner Martin presented the staff report. Auburn Church of the Nazarene had requested a conditional use permit to allow a change in the current use of a church parsonage to a church activities facility. The project site is located at 1202 28th Street SE. He spoke about the conditional use permit approved in 1983. He amended Finding of Fact 5, the existing structure has a one car garage and driveway. The change of use will require additional parking and he explained how that is calculated. The proposed activity will require a building permit to change from residential occupancy as well as address consistency with the uniform code requirements and construction standards. The use of the building as a day care facility will require additional improvements in the occupancy rating of the building. This is not being proposed, but he wanted the record to reflect the additional requirements associated with that possibility. The expansion of church services will not create adverse impacts. Staff recommends approval with three conditions which were reviewed. Planner Martin requested that Hearing Examiner leave the record open to September 19 for observance of the SEPA comment period. Hearing Examiner asked if the church is offering a day care center now and Planner Martin replied that the principal structure has a day care facility. Dennis Combs, applicant's representative, is present. In response to Hearing Examiner questions, he said the day care facility has been in operation for 20 years. Part of the parking lot is used as a play field. Kindercare uses the play field in the building. They are licensed for 95 children, but probably have 70. He understands the three conditions. Annette Hull, 1408 28th Street SE, is concerned about what the church is doing and the way it sits now. There is hardly any parking now. The day care is in the back on the asphalt. There is a four way stop on 29th Street. She spoke about traffic congestion. People are using the streets for access/bypass to Lakeland. When people come to pick up their kids they park on M Street which blocks the roads. She is surprised that no one has gotten hurt. By adding the new use and changing, this will create additional congestion. Will they park? She sees the church parking at the back, but most park on the sides of the street. She does not see kids on the front yard, why not fence this and use the asphalt that kids play on for parking? She is concerned about impacts to the infrastructure and that she will have to pay for sidewalks. Will the new activity create situation that the folks on 28th have to hook up to sewers? Tina Fiefield, 1210 28th Street, lives two doors down and is also concerned about parking. M Street is in total chaos due to parking for the day care. People drop off and pick up kids at the house on the corner. People are parking in front of'everyone's home and walking back. She wondered if the fence located behind the house that divides the existing church lot will stay? She does not want the kids to overflow into the yard of the house. She would like the church to use the back parking lot for the playground instead of the front lot for the playground. This is not a quiet residential neighborhood. Another business type activity or more activity at the corner creates more noise. The street is already too busy. Planner Martin said the applicant will rely on the parking lot associated with the church. No new parking is to be created and no additional on-site parking will be created. James Thomas, 1208 28th Street, said the day care has been in service 20 years, with 75 kids screaming all day long. The band plays at the church on Sundays, leaves the doors open, and the music is too loud. What will the building be used for? Will church provide sidewalks down the street. There are no sidewalks in the area now. Between 3:00 pm-6:00 pm the street is very congested and dangerous for kids. People drop off/pick up kids, cannot park in the lot, and park on the street, kids walk down the street. Kids play on the concrete all day long. People will not park on 29th and walk a quarter-mile to get to the building. People park in front of their houses. When the day care was allowed, the parking lot was not be a play area. PAGE 2 HEARING EXAMINER MINUTES SEPTEMBER 16, 2003 Planner Martin advised that the church will have to resolve the parking issue. He visited the site twice and both times were Monday to Friday, the parking lot gate was open and parking lot and play areas were unoccupied. He will ask the church to speak to parking accessibility. Related to infrastructure, and if this use will draw the need for considerably more water, or sewer capacity, or stormwater runoff, versus other uses that are already permitted in the zone, there could be a slight increase. Staff does not feel the proposed use as described by the applicant will create any adverse impacts. Regarding sidewalks, the site would potentially, as it is converted from residential to commercial, may be required to do half-street improvements. The subject site has sidewalks along 28th street and sidewalks on M Street side and sidewalks end at the subject site. For the City to require sidewalks at other locations, there must be a demonstrated need for sidewalks directly related to applicant's project. Hooking up to sewer is King County Health Department requirement ~at as septic exists, staff understands septics can continue to exists as long as it is in good repair. When septic fails and sanitary sewer is available, King County will refuse to issue permits requiring the connection to sewer. This is not City requirement, but King County requirement. Sanitary sewer is provided by the City and connection would be mandated by King County. Use of the site by the church has no implication that off site properties would have to complete sidewalk improvements or connect to the sewer system. Hearing Examiner believes that people will not walk a long distance so how do you enforce parking in the church lot? Planner Martin remarked that 28th Street is designed to accommodate on-street parking; M Street is an arterial, but he is not sure of the amount of parking permitted on M Street. Hearing Examiner suggested amending the condition to require that anyone visiting or working at the site park in the lot. The neighbors say the lot is being used as a playground. Can City enforce the requirement that parking be in the church parking lot versus on the street? Planner Martin said that in the past the City has imposed similar conditions such as employees parking at a certain location. The church could define approaches to better emphasize the fact that parking is required in a certain location and users of the site must park in designated areas. Staff will consider particular language of what to say in the condition. Hearing Examiner inquired what kind of senior activities are proposed. Mr. Combs said that input from the public is appreciated and he was unaware of some of the issues. Regarding parking, there is flexibility within the church complex property now. Where the east side of the church lot is available all day for the safety and security of the day care, they have closed the north side of the property parking lot. They have flexibility to be able to designate parking lots and reserve for employee and visitors and still separate the day care activity and not hinder them and still provide access to the building. They also have additional property not in use which is a grassy area that could be considered for additional off-street parking. The residence is on sewer. A number of activities were identified by the church board. They are running out of room to accommodate activities in the existing building. Some activities considered are senior bible study groups, bible study group for youth, bible study for college students, and bible study for kids..They also saw a need for the youth pastor to have his office moved from the church to this site. The youth pastor conducts counseling sessions for kids in 7th to 12 grades. The building would be used after hours of day care and would not overlap people and cars. Hearing Examiner asked about the noise of the band as mentioned by a neighbor. Mr. Combs said the youth band plays in the church on Sundays and practice in evenings. He is aware that they open the doors in the summer for air, but was not aware that noise was disturbing neighbors and this can be corrected. Hearing Examiner asked why the day care kids play in the parking lot. Mr. Combs said the kids do play in the parking lot during the day care hours and play tag ball. The parking lot is surrounded by a fence which is locked during the day. The lot is dedicated for use of the day care facility. Hearing Examiner wanted to confirm that the day care facility does not have specified drop off or pick up areas; that parents just pull up on the street and drop off the kids and this causes traffic jams. Mr. Combs replied yes, for convenience. Parents do drop off and pick up on M Street. M Street is on the west side of PAGE 3 HEARING EXAMINER MINUTES SEPTEMBER 16, 2003 the building, east side is drop off and pick up and some walk through to drop off kids. They could emphasize or redirect people to drop off to facility. Hearing Examiner will take this matter under advisement. She may try to view the site during the week instead of during the weekend. She will keep the record open until September 19 and issue the written decision 10 days from that on or about September 30. The parties can submit additional comments by September 19. 4. APPLICATION NO. REZ03-0003 Hearing Examiner opened the public hearing. Planner Martin presented the staff report. Greg Swain has requested to rezone property from the existing R-3, Two Family (Duplex) Residential to C-3, Heavy Commercial. The property is located at 203 - 23rd Street SE. The subject site has a transitional designation on the Comprehensive Plan map and has split land use designation here. Staff recommends denial of the rezone request. Staff has suspended processing of the SEPA checklist pending the outcome of the rezone. He spoke about the 23rd Street right of way and the street is listed as unclassified in the Transportation Plan. He mentioned the adjacent land uses. Applicant has also requested a CP map amendment change from moderate density residential to heavy commercial. The character of the area is residential and does not support change to heavy commercial. He pointed out the chapter of CP that does not support rezone request. The applicant's intended use may have less impact; however, once the rezone change is made, any use permitted in C3 zone is permitted outright. Other heavy commercial uses in the area would have a more adverse impact on the area. The applicant's proposed use may not provide potential impacts of other uses which would be relevant if going through the conditional use permit or administrative use permit process. If rezoned to C3, then City loses any discretionary ability. Heavy commercial uses are not consistent with the character of 23rd Street SE corridor. Bill Moffett, applicant's representative, distributed information to the Hearing Examiner and staff in response to the findings of fact and conclusions contained in the staff report. Regarding Fact 3, it was developed with single family unit and historically used as a storage area. The subject lot and adjacent lot to the east were used as contractor storage yard for communication company for years. He showed photo from 1989 of the site used as a storage site. Regarding Fact 7 parcel 8695200053, south of said parcels was used as commercial body shop in 1990s and should have been retained as commercial property. He has 1985 photo of the body shop which was inadvertently rezoned. Mr. Moffett continued by saying that under Conclusions 1, parcel is included in heavy commercial area. On the color map there is a white buffer of "no man's land" and is included in Comprehensive Plan as heavy commercial and covers half of the parcel. Parcel to the east of that is zoned C3 now and is partially encumbered by Comprehensive Plan. The parcel was used commercially for 15 years. Under Conclusion 2, the immediate area surrounding the mobile home park is commercial with M2 to the south, C3 and R3 to the north, and R3 to the east. There are high density apartments. He had a photo showing the general area of the vicinity showing industrial use on both sides of the mobile home park. Under Conclusion 3, said how the parcel was historically used and would not constitute a creep into residential area. Any possible future C3 development could be dealt with by improvements of 23"d Street or access through the adjacent C3 parcels. Mr. Moffett identified that 23rd has two commercial accesses; one is Swain's and the second is on 23"d Street. Under Conclusion 4, any adverse affect on residential property would be minimal because of the mobile home park and high density apartments. The surrounding adjacent lots are primarily commercial. Related to traffic, on September 8, they met with David Osaki, Sean Martin and Joe Welsh to resolve traffic impacts. No letter has been received from Joe Welsh regarding 23rd Street improvements. Resolved by road department that if establish a 24 foot road surface with five feet of sidewalk surface with curbs, road could be adequate to accommodate commercial traffic off 23~ Street. There are no sidewalks PAGE 4 HEARING EXAMINER MINUTES SEPTEMBER 16, 2003 on 23rd Street, it is a one lane road. Off 23"d Street are two commercial access to commercial buildings; one is to Norstar and capable of being improved: He referred to a dimension map that shows 30 foot strip right of way is available. An overlay photo showing existing right of way boundaries and parcels. Greg Swain, Norstar Industries, said they have been in Auburn for last 12 years and have experienced some growth. They needed storage area in order to be able to stay in the area. Planner Martin commented that in terms of the historical uses of adjacent properties, he can look at those uses and does have aerial photos to review and will make them available to Mr. Moffett. However, he cannot speak to historical uses of adjacent properties tonight. Staff had identified in its recommendation that the use of the site by applicant is not likely to create adverse impacts to adjacent uses. However, the imposition of C3 zoning and the use of any C3 permitted use could be used and these uses would have significant impacts and the 23rd Street corridor cannot accommodate those impacts. He does not believe that Joe Welsh has had an opportunity to memorialize their meeting notes. He will remind contact Joe in the morning and that letter will be forwarded to the applicant and Hearing Examiner. In response to Hearing Examiner questions, Planner Martin said that the Comprehensive Plan map is not parcel specific. The white area separating the color areas is a transition area between the two contiguous designations. In response to Hearing Examiner inquiries, Mr. Moffett showed additional photographs. Hearing Examiner marked the packet and photos from Mr. Moffett as Exhibit 2. She marked the additional photos from Mr. Moffett as Exhibit 3. Hearing Examiner marked the description of the business as Exhibit 4. Ray Werner, own and lives east of the property at 215 23rd Street SE, owns a body shop since 1970 and just does own personal work now. He sold the property to Greg Swain in 1987. After he bought it had storage yard, construction company, and rented to Mr. Swain. There is no reason why the property cannot be rezoned. His property was C3 in the past. There is all kinds of traffic from the apartments. Planner Martin would like the record left open so that Joe Welsh, Transportation Planner, can memorialize the discussion held earlier with Mr. Swain and Mr. Moffett. Hearing Examiner will leave the record open until September 26. Hearing Examiner will leave the record open to September 23 for the City to respond to Exhibits 3 and 4 to and issue the written decision 10 days from then. DO suggested that the applicant might want to respond to the City's comments. Mr. Moffett indicated that he will want to respond to the City's comments. Hearing Examiner indicated that additional material from the City is due September 23, and the applicant response is due September 26, and the written decision by October 1. ADJOURNMENT With no further items to come before the Hearing Examiner, the meeting was adjourned at 9:00 p.m. HE~AGND~VIIN09-2003 PAGE 5