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CITY CLERK'S OFFICE
CITY OF AUBUm~
25 West Main
AUburn. WA 98001
ORDINANCE NO. .. 5 5 3
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 4
DUPLEXES AND 2 TRIPLEXES IN AN R-3 (TWO-FAMILY (DUPLEX)
RESIDENTIAL) ZONE, LOCATED ON THE SOUTH SIDE OF 18TH STREET
N.E. IN THE 1100 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON.
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WHEREAS, Application No. CUP0006-9l dated September 24,
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1991, together with site plans therefore, has been submitted
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to the City of Auburn, Washington, by STOBIE & ASSOCIATES
requesting a Conditional Use Permit to allow construction of 4
duplexes and 2 triplexes to be located on the south side of
18th Street N. E. in an R-3 (Two-Family (Duplex) Residential
District) zone within the City of Auburn, Washington,
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hereinafter described in section 2 of the Ordinance; and
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WHEREAS, said request above referred to, was referred to
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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 February 19, 1992, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
construction of 4 duplexes and 2 triplexes to be located on
the south side of 18th Street N.E. in the 1100 block, in an
R-3 (Two-Family (Duplex) Residential District) zone; and
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Ordinance No. 4553
March 10, 1992
Page 1
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WHEREAS, at a meeting held on March 2, 1992 the Council
considered the Hearing Examiner's recommendation.
It was the
decision of the Council to schedule a public hearing on the
application; and
WHEREAS, the City Council conducted a pUblic hearing on
March 16, 1992 and at the conclusion of the which modified the
Hearing Examiner's recommendation as follows, to-wit:
FINDINGS OF FACT
1. The applicant, Stobie and Associates, through their
agent, Andy Rykels, seeks conditional use permit approval
to allow the construction of four duplexes and 2
triplexes.
2. The subject site is 1.19 acres in size and is located on
the south side of 18th Street N. E. in the 1100 block.
The site is zoned R-3, Two-Family (Duplex) Residential
District and is currently vacant.
3. Surrounding land uses and zoning in the vicinity include
R-3, Multi-Family to the north; R-2, Single Family to the
south; R-3, Single Family to the east; and R-4, Multi-
Family to the west. The Comprehensive Plan designates
land to the north and east of the subject site for
moderate density residential uses. Land to the west of
this site is designated for high density residential uses
which land to the south of the site is designated for and
utilized for single family residential uses.
4. A Conditional Use Permit was previously issued on the
site to allow the construction of 6 duplexes. After that
permit was authorized, the property was sold and the new
owner requests a different layout together with two
additional units.
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Ordinance No. 4553
March 10, 1992
Page 2
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5. The property is zoned R-3, Duplex. The current zoning
does allow for more than one duplex per lot and triplexes
may be authorized if a conditional use permit is issued.
6. There are three lots associated with the project. Two-
thirds of the lots will contain both a triplex and a
duplex. The third lot will contain two duplexes.
7. The requirements of the zone where the subject property
is located are 3600 square feet of lot area per each
dwelling unit. Each lot provides an excess of the 3600
square foot minimum required.
8. The site plan indicates that all of the proposed units
are two bedroom units. Each lot provides the required
parking at the rate of 1.5 parking spaces per each two
bedroom unit. In fact, when the parking spaces in the
garage are considered, the site plan provides parking in
excess of the minimum requirement.
9. The original site plan contained parking which was not
convenient for the user. However, a revised site plan
has been submitted and appears to meet the requirements
of the Zoning Ordinance with regard to parking.
10. The three lots abut 18th street N.E. which is an
unimproved right-of-way. King County Assessor's map
illustrates the right-of-way to be 60 feet wide. This
unimproved right-of-way, 18th street N.E., intersects
with "M" street N.E. which is an arterial. The full
width of the right-of-way deadends approximately 415 feet
from "M" street. There is no right-of-way provided for a
cul-de-sac or turnaround.
11. The applicant will be required to improve 18th street to
a 1/2 street standard and provide a turnaround at the end
of 18th street.
12. To the south are three lots each containing a single
family home and zoned for single family uses. At the
time of the Hearing Examiner public hearing, neighbors
residing to the south of the subject property expressed
concern with regard to the density of the development and
screening or other types of landscaping. During the
public hearing process, the applicant voluntarily agreed
to provide a fence along the property's south boundary.
In order to assure a fence be built it should be so
conditioned.
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Ordinance No. 4553
March 10, 1992
Page 3
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13. In addition, one witness expressed concern with regard to
a large area infested with blackberries and allegedly
infested with rats in the vicinity of the development.
The witness recommended that the City clean up this area
which according to the witness is located within the
street right-of-way.
14. The staff report, with its recommendation of conditional
approval, is incorporated herein by reference as though
set forth in full.
CONCLUSIONS OF LAW
1. The criteria for the approval of a conditional use permit
are set forth in the Zoning Ordinance at Section
18.64.040 of the Zoning Ordinance. The first of these
criteria is that the use will not have an adverse effect
on the persons living or working in the area.
This criteria is established by the evidence because the
use is in an area where multiple family uses already
exist. The setbacks provided together with the required
landscaping and the applicants' offer to further buffer
the area from existing single family homes with a fence
establish this criteria.
2. The proposal is in accord with the goals, policies, and
objectives of the Comprehensive Plan. The proposal as
submitted appears to comply with the Zoning Ordinance
since the site plan has been revised to establish more
convenient parking.
3.
The proposal will not
infrastructure and can be
uses in the area.
adversely affect the public
consistent with multiple family
For
each
of
the
above
referenced
reasons,
the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit to allow construction
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Ordinance No. 4553
March 10, 1992
Page 4
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of 4 duplexes and 2 triplexes to be located on the south side
of 18th street N.E. in the 1100 block is modified and
approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
section 1.
The above cited modified Hearing Examiner's
Findings of Fact and Conclusions, are herewith incorporated in
this Ordinance.
Section 2. A Conditional Use Permit is hereby approved
to allow construction of 4 duplexes and 2 triplexes to be
located on the south side of 18th street N. E. in the 1100
block, in an R-3 (Two-Family (Duplex) Residential District)
zone, situate in the City of Auburn, County of King, State of
Washington, and is legally described as follows:
PARCEL A (Tax Lot 57)
The south 181.2 feet of the west 95 feet
of the following: That portion of
Sections 6 and 7, Township 21 North, Range
5 East, Willamette Meridian described as
follows:
Beginning 825 feet west and 919.38 feet
south of the northeast corner of the south
half of Donation Claim Number 37; thence
west 412.5 feet; thence south 211.21 feet;
thence east 412.5 feet thence north to the
point of beginning, in King County,
Washington.
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Ordinance No. 4553
March 10, 1992
Page 5
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PARCEL B (Tax Lot 59)
The southerly 181. 2 feet of the westerly
95 feet of the easterly 317.5 feet of that
portion of Donation Land Claim of the
heirs at law of William M. Brannon and his
wife, Elizabeth Brannon, both deceased,
designated as Claim No. 37, and being a
portion of Sections 6 and 7, Township 21
North, Range 5 East, Willamette Meridian.
in King County, Washington, described as
follows:
Beginning 825 feet west and 919.38 feet
south of the northeast corner of the south
half of Donation Claim Number 37; thence
west 412.5 feet; thence south 211.21 feet;
thence east 412.5 feet thence north to the
point of beginning, in King County,
Washington.
PARCEL C ( Tax Lot 60)
The southerly 181. 2 feet of the westerly
95 feet of the easterly 222.5 feet of that
portion of Donation Land Claim of the
heirs at law of William M. Brannon and his
wife, Elizabeth Brannon, both deceased,
designated as Claim No. 37, and being a
portion of sections 6 and 7, Township 21
North, Range 5 East, Willamette Meridian,
in King County, Washington, described as
follows:
Beginning 825 feet west of 919.38 feet
south of the northeast corner of the south
half of Donation Claim Number 37; thence
West 412.5 feet; thence south 211.21 feet;
thence east 412.5 feet thence north to the
point of beginning, in King County,
Washington.
Section 3.
The site plan shall be approved by the
Planning Director and be consistent with the site plan
submitted at the February 19, 1992 Hearing Examiner public
hearing.
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Ordinance No. 4553
March 10, 1992
Page 6
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Section 4. Any parking areas that abut the single family
homes to the south shall be screened with a 10 foot width of
Type I landscaping.
section s.
A lot line adjustment is also required in
order to made some minor adjustments to the existing lot
lines. The lot line adjustment shall be approved and recorded
prior to issuance of building permits.
Section 6.
The applicant shall provide a 6 foot high
100% sight obscuring fence along the south property line.
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 administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 9.
This Ordinance shall take effect and be in
force five days from and after its passage, approval and
pUblication as provided by law.
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Ordinance No. 4553
March 10, 1992
Page 7
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ATTEST:
INTRODUCED:
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PASSED:
APPROVED:
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MAYOR
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Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
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ste hen R. Shelton,
City Attorney
PUBLISHED:
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Ordinance No. 4553
March 10, 1992
PageS
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