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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL
USE PERMIT TO ALLOW TNE CONSTRUCTION OF SEVEN DUPLEXES AND FOUR
FOURPLEXES ON PROPERTY ZONED R-3 AND LOCATED ON THE SOUTH SIDE
OF 22ND STREET N.E. IN THE 1000 SLOCK, WITHIN THE CITY OF
AUBURN, WASHINGTON.
WHEREAS, Application Number 30-88, dated August 10, 1988, together
with site plans therefore, has been submitted to the City of Auburn,
Washington, by Joseph R. Sickler, requesting a Conditional Use Permit to
allow the construction of seven (7) duplexes and four (4) fourplexes on pro-
perty located on the south side of 22nd Street N.E. in the 1000 block,
within the City of Auburn, Washington, hereinafter described in Section 2
of this Ordinance; and
WHEREAS, said request above referred to, was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner based upon staff review, held a public
hearing to consider said petition in the Council Chambers of the Auburn City
Hall, on September 20, 1988, at 7:00 P.M., at the conclusion of which the
Hearing Examiner recommended approval of the issuance of a Conditional Use
Permit to allow the construction of seven (7) duplexes and four (4) four-
plexes based upon the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. The applicant, Joe Sickler, through his agent, George Schuler, applies
for a Conditional Use Permit to allow construction of 7 duplexes and 4
fourplexes.
2. The subject property is located on the south side of 22nd Street N.E. in
the 1000 block and is approximately 109,841 square feet in size.
3. The subject property is zoned R-3, Duplex. There is currently a single
family residence existing on the site which will be removed.
4. Surrounding zoning and land uses include R-3, Duplex, to the north; R-4,
4-plex and duplex to the south; R-3, multi-family duplex to the east;
and R-2, single family, to the west.
5. The Comprehensive Plan designates a subject site and land adjacent to
Ordinance No. 4310
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site on the north, south, and east as moderate density residential.
Land to the west of the site is designated for single family uses by the
Comprehensive Plan.
6. The applicant proposes to construct 30 dwelling units in seven duplex
and four 4-plex structures.
7. The site plan shows 7 duplexes abutting the west property line and 4
fourplexes abutting the east property line.
8. The site plan also indicates that the duplexes are oriented on the pro-
perty so that the areas where the most activity will occur such as
entrances and decks do not face the single family to the west. The
sides of the development which will face the single family to the west
will not have windows.
9. The applicant proposes to access the site by way of a private driveway
from 22nd Street N.E.
10. The evidence establishes that 22nd Street N.E. is a developed arterial
and utilities are available if extended to serve the subject site.
11. The evidence establishes that the proposal complies with the goals,
policies, and objectives of the Comprehensive Plan.
12, The staff report with its recommendation of conditional approval, is
j incorporated herein by reference as though set forth in full.
CONCLUSIONS OF LAW
1. The City of Auburn Zoning Ordinance sets forth a series of criteria
which must be established prior to the time that a conditional use
permit can be granted.
2. The first criteria is that the use as proposed will not have more of an
adverse effect on the area than would any use generally permitted
outright in the zoning district. The evidence establishes that duplexes
are permitted in the zone in which the development is proposed. In
addition, considering how the proposed buildings will be oriented, and
the landscaping, this criteria is established by the evidence.
3. It must further be established that the proposal complies with the
goals, policies, and objectives of the Comprehensive Plan. This
criteria is established by the evidence.
4. It is further necessary to establish that the proposal complies with all
requirements of the Zoning Code, The site plan establishes this
criteria.
5. The evidence further establishes that the proposal can be constructed
and maintained so as to be harmonious with the general vicinity.
6. Although some concern was expressed at the time of the public hearing
with respect to additional multi-family uses in the vicinity, these uses
are permitted outright in the zoning district.
For each of the above referenced reasons, the recommendation of the
Ordinance No. 4310
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Hearing Examiner to the Auburn City Council on this application for a
Conditional Use Permit is approved and affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings of Fact and
Conclusions, are herewith incorporated in this Ordinance.
Section 2. A Conditional Use Permit to allow for the construction of
seven (7) duplexes and four (4) fourplexes on property located on the south
side of 22nd Street N.E. in the 1000 block, situate in the City of Auburn,
County of King, State of Washington, and legally described as follows,
to-wit:
William arannon Donation Claim No. 37, beginning at a point on the
north line of the south half of said Donation Claim, 1237.5 feet
west of the northeast corner of the said south half; thence
southerly parallel with and 1237.5 feet from the east line of said
south half to a point 2029.5 feet north of the south line of said
Donation Claim; thence west 198 feet; thence northerly parallel
with said east line to the north line of said south half; thence
easterly along said north line to the point of beginning. EXCEPT
the east 85 feet of the north 190 feet and EXCEPT the north 45
feet for road. All in Sec. 7 Twp. 21 N R5 EWM. King County,
Washington.
Section 3. An emergency access shall be provided on the south property
line which will connect the project to 18th Street N.E. The access shall be
constructed to the standards required of the Fire Code with regard to width,
all weather surface and gates.
Section 4. The six (6) foot high sight obscuring fence that is
illustrated on the site plan shall be constructed of wood and meet the
appropriate setbacks.
Section 5. A five (5) foot width of Type I landscaping shall be pro-
vided on the west property line and along the property lines of the single
family home that abuts the northeast corner of the project.
A five (5) foot width of Type II landscaping shall be provided along the
south and east property lines. The front yard setback on 22nd Street N.E.
Ordinance No. 4310
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shall be landscaped with a Type III landscaping.
Section 6. Construction of the proposed development shall be consistent
with the site plan as submitted and shall be consistent with the Zoning,
Building and Fire Codes, and the requirements of the Public Works Department.
Section 7. 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 8. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directives of this
legislation.
Section 9. This Ordinance shall take effect and be in force five (5)
days from and after its passage, approval and publication, as provided by
law.
INTRODUCED: OCTOBER 17, 1988
PASSED: OCTOBER 17, 1988
APPROVED: OCTOBER 17, 1988
M A Y
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Marguer'ite Schellentrager, City Attorney
PUBLISHED: OCTOBER 23, 1988
Ordinance No. 4310
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