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City of Auburn
Fihance Department
25 W. Main
Aubum, WA 98001
ORDINANCE NO. 4 6 3 7
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A DUPLEX
ON PROPERTY ZONED C-3 (HEAVY COMMERCIAL) ON A 6,480 SQUARE
FOOT SITE LOCATED ON THE SOUTHWEST CORNER OF 8TH STREET S.E.
AND "B" STREET S.E., WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0004-93 dated June 15, 1993,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by JIM COX requesting a
Conditional Use Permit to allow the construction of a duplex
in a C-3 (Heavy Commercial) zone on a 6,480 square foot site
located on the southwest corner of 8th Street S.E. and "B"
Street S.E. within the City of Auburn, Washington, hereinafter
described in Section 2 of the 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 July 20, 1993, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
the construction of a duplex on a 6,480 square foot site
located on the southwest corner of 8th Street S.E. and "B"
Street S.E., in a C-3 (Heavy Commercial) zone based upon the
following Findings of Fact and Conclusions, to-wit:
Ordinance No. 4637
August 5, 1993
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FINDINGS OF FACT
The applicant, Jim Cox, applied for a Conditional Use
Permit to allow the construction of a duplex.. A
Conditional Use Permit is required because the duplex is
being requested in a C-3, Heavy Commercial Zone.
The subject property is 6,480 square feet in size and is
located on the S.W. corner of the 8th and "B" Street S.E.
in Auburn.
As previously mentioned, the subject property is
currently zoned C-3, Heavy Commercial although the
Comprehensive Plan designates the subject site for
moderate density residential uses. Surrounding zoning
and land uses in the vicinity include C-3, single family,
to the north; R-3, single family to the south; C-3,
commercial, to the east; and C-3, single family, to the
west. The Comprehensive Plan anticipates moderate
density residential uses to the south, east and west of
the site while land to the north of site is designated
for heavy commercial uses.
The C-3 zone permits the development of multiple-family
residential units subject to the requirements of the a
Conditional Use Permit. The C-3 zone requires 1,200
square feet of lot area for each dwelling unit. The size
of the lot, at 6,480 square feet is more than is required
under the Zoning Code.
The property which abuts the site to the south is zoned
R-3 duplex, but is developed as a single family home.
The property to the north and west is zoned C-3, however,
is primarily residential in character. The property to
the east of the subject site contains a commercial use.
It is zoned C-3.
The evidence establishes that there are adequate
facilities to serve multiple-family residential uses. A
duplex would be much more compatible with the adjoining
residential uses than would a heavy commercial use on the
lot.
The evidence and a personal inspection of the site by the
undersigned reveals a large cedar tree on the 8th Street
Ordinance No. 4637
August 5, 1993
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e
side of the property which should be retained if at all
possible.
The staff report, which its recommendation of conditional
approval, is incorporated herein by reference as those
set forth in the full.
CONCLUSIONS OF LAW
The Zoning Ordinance sets forth a series of criteria
which must be established before a Conditional Use Permit
may be granted. The first criteria of the Conditional
Use Permit may be approved if it does not have an adverse
effect on the health, safety, or comfort of persons
living or working in the area than would any use
generally permitted in the district. The evidence
reveals that the duplex would not have an adverse impact
on the existing C-3 zoned property and that it would be
more in keeping with the duplex zoning to the south and
the existing residential character of the neighborhood.
The evidence must further establish that the proposal is
in accordance with the goals, policies, and objectives of
the Comprehensive Plan. The Comprehensive Plan at
Objective 11.5 seeks to recognize the aesthetic,
environmental, and use benefits of vegetation while
promoting its retention and propagation. The
corresponding policies seek to encourage the use of
vegetation as an integral part of development plans while
discouraging the unnecessary disturbance of natural
vegetation in new development. It is in accordance with
the goals and policies of the Comprehensive Plan to
attempt to save the existing large cedar tree on the
property.
The site plan as submitted appears to indicate compliance
with requirements of the C-3 zone. The Zoning Ordinance
does require types III landscaping planted next to both
"B" and 8th Streets. There is more than sufficient room
to accommodate this landscaping on the lot.
The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character, and
appearance with the existence or intended character of
the vicinity.
Ordinance No. 4637
August 5, 1993
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There is no evidence that the proposal will adversely
affect the public infrastructure. Sidewalks will be
required to be installed as part of the construction
process.
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 the
construction of a duplex on a 6,480 square foot site located
on the southwest corner of 8th Street S.E. and "B" Street
S.E., is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Seotion ~. The above cited 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 the construction of a duplex on a 6,480 square foot
site located on the southwest corner of 8th Street S.E. and
"B" Street S.Eo, in a C-3 (Heavy Commercial) zone, situate in
the City of Auburn, County of King, State of Washington, and
is legally described as follows:
Lot 16-17, Block 2, Hart's First
Addition, Vol. 20, page 23,
records of King County, WA.
Ordinance No. 4637
August 5, 1993
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Section 3. The applicant shall prepare alternatives site
plans that would retain the cedar tree. The Planning Director
shall be responsible for approving a revised site plan that
would retain the tree if possible, and still allow a
reasonable development of the lot.
section 4. 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 5. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
section 6. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
MAYOR
Ordinance No. ~637
August 5, 1993
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Steuhen R. Shelton,
City Attorney
Ordinance No. 4637
August 5, 1993
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