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.
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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.
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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.
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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
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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.
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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
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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
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