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HomeMy WebLinkAbout04-07-1986166 CITY OF AUBURN COUNCIL MEETING MINUTES April 7, 1986 7:30 p.m. CALL TO ORDER I. A. Flag Salute The regular meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner, and Councilmembers Brothers, Burns, Kurle, Larson, Walters, Whittall, and Wisner. Staff members included City Attorney Jack Bereiter; Parks and Recreation Director Len Chapman; Public Works Director Frank Currie; Finance Director Pat Dugan; Police Chief Jake Evans; Fire Chief Bob Johnson; Acting Planning Director Lynn Rued; Personnel Director Gretel Sloan; and Deputy City Clerk Bonnie Middleton. C. Announcements and Appointments 1. Medal of Distinction Ceremony A medal of distinction was presented by Police Chief Evans to Officer Rick Wentz. Mayor Roegner read the announcement. 2. Confirmation of Mary McCumber as Planning Director MOTION by Burns, SECOND by Wisner to approve the confir- mation of Mary McCumber as City of Auburn's planning director. MOTION CARRIED UNANIMOUSLY. 3. National_Education of Business Week, April 13-19 1986 Mayor Roegner stated proclamations had previously been presented. 4. Child Safety Week, April 7-13 1986 Mayor Roegner stated proclamations had previously been presented. 5. Spring Rally Cleanup and Recycling Week, April 19-27. Mayor Roegner stated proclamations had previously been presented. 6. National Library Week Proclamation, April 6-12 1986 Mayor Roegner presented the proclamation to Bob O'Connor, Chairman of the Library Board, and Library Director Mary Stanton. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. A. Public Hearings 1. W. Jenkins, Auburn Free Methodist Church, appeal on a variance which would have allowed a carport to be built five (5) feet from a side lot line on property ' located at 231 "O" Street S.E. (3-86) Steve Brewer, 226 0 St. SE, informed the Council he had no objection to the construction of the carport directly across the street from his home. -1- 167 AUBURN COUNCIL MINUTES PAGE TWO APRIL 7, 1986 II. A. Public Hearings (continued) u John W. Jenkins, 231 "0" St. SE, stated he is the associate pastor of Auburn Free Methodist Church and the one who lives in the parsonage. He stated that the question before the Council is will we be allowed to build a carport onto our house with a setback of five feet, or will we be required to build a carport ten feet from the side property line. He presented drawings and pictures of the property. Mayor Roegner noted the Council already had pictures of the site in question. Mr. Jenkins stated he had been denied a building per- mit and variance by the Planning Department and Hearing Examiner, and he would like the privilege to exercise the right to appeal that decision. Mr. Jenkins reviewed the four criteria outlined on Page 3 of the Hearing Examiner's report and noted the Planning Department had said criteria number four had been met but not the others. The first conclusion states the variance would consti- tute a special privilege inconsistent with the limita- tions upon other uses of other properties in the vicinity. Mr. Jenkins informed the Council he thought it is not a special privilege because other homes in the area have garages or carports with five-foot set- backs. He also noted it is not a special privilege in that the zoning code allows each property owner the equal opportunity to apply for a variance in order to deviate from the setback requirements. The possibi- lity of deviation is built right into the system. He stated each individual situation must be decided upon its own merit. Everyone is granted the same privilege. When the small garage was converted into a bedroom in 1981, we did the only thing possible at that time to meet the needs of the pastor's family who lived there. No other possible solution was feasible at that time. The decision the church made then cannot be reversed now. Mr. Jenkins stated the carport proposed will not be built beyond the front of the house and will just be an extension of the existing wall. No precedent would be set because no other property on the block has the room that we do. The second requirement is that such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property. Mr. Jenkins noted the merits of this case would be very different from others because of the size, shape and location of the house on the property. The Planning Department says we can add additional bedroom space at the back of the house. Are they suggesting we eliminate the existing bedroom, make it back into a single garage, and then build another bedroom on the back of the house? If we did consider that, would we have to maintain a ten-foot setback there too. With existing trees, sidewalks, doors, and walls it would not be feasible and would be very costly. -2- 168 AUBURN COUNCIL MINU'PES l~AGE THREE _ ~_ APRTL 7, ]?80 Mr. Jenkins stated the third requirement we supposedly do not meet is that our proposed carport would be materially detrimental to the public welfare or injurious to the property and vicinity. He said the Planning Department notes that the proposed carport would encroach into the currently required setback of five feet. He asked how can this proposed carport be detrimental or harmful to our neighbors any more than all the other garages and carports in the block with five-foot setbacks. Mr. Jenkins presented a signed petition by all surrounding neighbors stating it will not hurt them and that they do not oppose the construction of the carport. On the contrary, they favor it and feel not only will it enhance our pro- perty value but theirs as well. In conclusion, Mr. Jenkins read five reasons why the City of Auburn should grant the variance: (1) it does not grant a special privilege; (2) there are special circumstances in our case that would warrant a variance; (3) it would not be detrimental to the com- munity. The neighbors do not object; (4) it does not violate the intent and purpose of the code. we would just add two posts and a roof. The driveway would be exactly in the same spot...nothing else; and (5) the Planning Department states that this issue occurs very rarely, but it cannot be quite as rare as they state. Mr. Jenkins presented evidence that there are indeed buildings presently being erected with five-foot set- backs. He noted that either it is happening without permits or other variances have been granted. William Mills, 230 "O" St SE, stated he had no objec- tions to the construction of the carport. Lyle Haugland, 1401 3rd st. SE, indicated his house is directly south of the subject house but faces the other direction, therefore the carport would not be in his view. He had no objections to the construction of the carport. MOTION by Burns, SECOND by Walters to close the public hearing. MOTION CARRIED UNANIMOUSLY. Mr. Larson stated that according to the diagram there is a five-foot setback on each side of the house. Therefore either one of two things happened when the structure was built; either it was built illegally at that time or the ordinance calls for a five-foot setback. Mr. Larson said the latter was probably more accurate and asked why we would penalize the people today if they want to extend the existing lines of their house. He stated we should grant this variance, but at the same time we should also grant a variance which would instruct the Planning Department to introduce an ordinance or a resolution, whichever is satis- factory, giving some different guidelines for the hearing examiner in such cases as these. Mr. Burns requested comments from City staff members. Mr. Rued stated the hearing examiner made a decision based upon four separate criteria she has to follow which are outlined in Chapter 18, Zoning Code, and three of those four criteria were not met. He noted he did support her deci- sion and recommended denial of the variance based upon the Finding of Fact, Conclusions, and Conditions that are outlined in the staff report. -3- 169 AUBURN COUNCIL MINUTES PAGE FOUR APRIL 7 1986 Attorney Bereiter noted he concurred with the application of interpretation of the zoning code by Mr. Rued and that perhaps Councilman Larson's suggestion is the best one. Councilman Walters stated that in reviewing the zoning ordinance he certainly understands the position of the Planning Department because they have no other means of interpreting. He also supported Councilman Larson's com- ment. MOTION by Larson, SECOND by Whittall to adopt the Hearing Examiner's Findings of Fact, overturn the Hearing Exami- ner's decisions, approve the applicant's variance, and instruct City Attorney Bereiter to prepare an ordinance. In addition, ask staff to prepare an ordinance amendment for the Council's Planning and Community Development Committee's consideration. MOTION CARRIED UNANIMOUSLY. Mayor Roegner requested the staff to prepare the necessary documents for the next Council meeting and to be ready to discuss the matter. 2. Gene Wright/Second Northwest Associates request to rezone from County SR-Suburban Residential zoning and establishing C-3 (Heavy Commercial) on property .39 acres in size and located on the east side of "A" Street at 2910 and 3002 "A" Street S.E. (1-86) Gene Wright, 2740 Forest Ridge Dr., informed the Council he would be available for any questions during the public hearing. MOTION by Burns, SECOND by Wisner to close the public hearing. MOTION CARRIED UNANIMOUSLY. MOTION by Burns, SECOND by Walters to approve the establishment of rezone to C-3 instructing City Attorney Bereiter to prepare an ordinance accordingly. MOTION CARRIED UNANIMOUSLY 3. Philip E. Nirschl request to rezone from County RM-900 zoning and establishing City of Auburn C-3 (Heavy Commercial) District zoning on property 2 acres in size and located at the southwest corner of 37th Street N.W, and the West Valley Highway. (2-86) Philip E. Nirschl, southwest corner 37th St. N.W., informed the Council he would be available for any questions during the public hearing. MOTION by Burns, SECOND by Walters to close the public hearings. MOTION CARRIED UNANIMOUSLY. MOTION by Larson, SECOND by Burns to approve the rezone of this location based upon the Findings of Fact outlined and instruct City Attorney Bereiter to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. B. Audience Participation - None C. Correspondence - None -4- 170 AUBURN COUNCIL MINUTES PAGE FIVE APRIL 7 1986 COUNCIL COMMITTEE REPORTS III. A. Municipal Services Chairwoman Wisner reported the committee met on March 27, 1986 and the minutes are of public record. B. Planning & Community Development Chairman Burns reported the committee met on March 23 and March 24, 1986 and the minutes are of public record. C. Public Works Chairman Larson reported the committee met on March 20, 1986 and the minutes are of public record. D. Finance Chairman Kurle reported the committee Council meeting. Minutes will be of they are transcribed. CITIZEN INPUT IV. Citizen Input - none CONSENT AGENDA V. Consent Agenda met prior to the public record when A. Minutes 1. March 17, 1986 Regular Meeting. 2. November 4, 1965 amendment - Item V B 1, Claims #17904, 18180-18467 in the amount of $320,690.31 B. Vouchers 1. Payroll #114675-115016 in the amount of $396,884.96. 2. Claims #20890-21249 in the amount of $294,321.57. C. Utility Bill Adjustments 1. Acc. #453-2325 in the amount of $14.70. 2. Acc. #219-2580 in the amount of $51.49. 3. Acc. #357-2340, 312-1740, and 319-2400 in the respec- tive amounts of $91.35, $85.49, and $1,021.26. D. Library Allocation of $30,000. E. Out-of-State-Travel for Officers Detrick and Karnofski to attend the Northwest Crime Analysis Seminar in Lincoln City, Oregon on April 17-18, 1986. F. Out-of-State Travel for William B. Scheder and Joseph Sickler to attend the Pacific Northwest Section - American Water Works Association Annual Conference in Portland, Oregon, April 30, May 1 & 2, 1986, and approval for Jack Leininger to attend Thursday, May 1, 1986. G. Final Pay Estimates b Acceptances 1. Park Imp. No. 3, Les Gove Park Play Area - Approve Pay Estimate No. 4, final, to XLS Enterprises, Inc. in the amount of $2,796.04 and accept Park Imp. No. 3. 2. Street Imp. No. 167, 37th & West Valley Highway - Approve Pay Estimate No. 9, final, to Valley Cement Const. Co, in the amount of $5,378.90, and accept St. Imp. 167. -5- 1 171 AUBURN COUNCIL MINUTES PAGE SIX April 7, 1986 H. Critical Water Supply Service Area - Staff recommends that Auburn not "opt out" of the Critical Water Supply Service Area. t I. Preliminary Plat of West Beverly Hill - Approve preliminary plat of West Beverly Hill, Division I, II, and III based upon the Findings of Fact, Conclusions, and Conditions as recommended by the Hearing Examiner; and to instruct the City Attorney to prepare the necessary resolution. MOTION by Larson, SECOND by Walters to approve Consent Agenda Items V-A through V-H, withholding Item V-I for discussion. MOTION CARRIED UNANIMOUSLY. Walters asked several questions regarding Division II and the proposed one-half street with a watershed on one side. He asked if the City had intentions of widening the one-half street. Rued responded no. There was a great deal of concern on the emergency access because of the cul-de-sac design of the street. Fire Chief Johnson responded to a question from Councilman Kurle regarding emergency vehicle access and the Uniform Fire Code regulations. Johnson's main concern was two fire trucks being able to pass each other safely at a fire scene on that street. He stated the issue, however, could be addressed with proper signage on the street. 1 Councilman Larson asked Attorney Bereiter if the Council could approve everything with the exception of 60th Street from 316th to the 900 foot cul-de-sac. Bereiter responded the City could modify the preliminary plat holding a public hearing on it, but could not handle that administratively. Mayor Roegner indicated the Council that according to the provisions outlined in the second paragraph of the Agenda Bill summary, Council could either affirm, remand (reconsider) or schedule a public hearing. Councilman Larson asked Rued and Currie what their recommen- dations would be for a one-half street in that area. Currie replied they prefer not to see a one-half street at all, but would prefer to see a full 34-foot street without any sidewalks on the west side. Larson said he was in favor of sending it back to the committee. MOTION by Walters, SECOND by Larson to remand the recommen- dations to the Hearing Examiner for reconsideration with speci- fic focus on the steet concerns. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS VI. OLD BUSINESS - None -6- 172 AUBURN COUNCIL MINUTES PAGE SEVEN April 7, 1986 NEW BUSINESS VII. Ordinances and Resolutions A. Ordinance 4119 - Provides for the rezoning of parcels of property consisting of 40+ acres in size located on the north side of 53rd Street S.E. in the 2800-3100 blocks changing the zoning classification thereof from Unclassified to R-S (Single Family Residential). MOTION by Burns, SECOND by Walters to introduce and adopt Ordinance 4119. MOTION CARRIED UNANIMOUSLY. B. Resolution 1676 - Authorizes the Mayor to execute an Emergency Medical Services Contract between the City of Auburn and King County for 1986 Basic Life Support Services and Funding. MOTION by Wisner, SECOND by Walters to adopt Resolution 1676. MOTION CARRIED UNANIMOUSLY. C. Resolution 1677 - Relates to the intention to annex cer- tain property located at 2910 and 3002 "A" Street Southeast. MOTION by Burns, SECOND by Wisner to adopt Resolution 1677. MOTION CARRIED UNANIMOUSLY. MAYOR'S REPORT VIII. MAYOR'S REPORT - None EXECUTIVE SESSION AND ADJOURNMENT IX. The meeting adjourned to an executive session to discuss labor and property negotiations. ~o~Mi~~on ~~~ Deputy City Clerk -7-