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HomeMy WebLinkAbout4700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY CLERK'S OFI~ICE CITY -OF AUBURN 2.5 West Main %uburn, WA 98001 03./ / //- ORDINANCE NO, 4 7 0 0 OCT 0 1 199l KING COIJNTY REcoRgE :~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A FIVE UNIT MULTI-FAMILY DEVELOPMENT ON PROPERTY ZONED R-3 (DUPLEX) LOCATED AT 4021 AUBURN WAY SOUTH, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application NO. CUP0003-94 dated April 15, 1994, together with site plans therefore, has been submitted to the City of Auburn, Washington, by Conditional Use Permit to allow unit multi-family development in GARY N. COCKER, requesting a the construction of a a five an R-3 (Duplex) zone located 4021 Auburn Way South, 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 August 16, 1994, 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 five unit multi-family development located at 4021 Auburn Way South, in an R-3 (Duplex) zone; and WHEREAS, the City Council, on September 6, 1994, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow Ordinance No. 4700 September 14, 1994 Page 1 1 2 3 4 5 6 7 8 9 10 l! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the construction of a five unit multi-family development located at 4021 Auburn Way South, in an R-3 (Duplex) zone based upon the following Findings of Fact and Conclusions, to- wit: FINDINGS OF FACT The applicant, Gary Cocker, requests conditional use permit approval for the construction of a duplex and a triplex. The applicant proposes development of five units on property zoned R-3, Duplex. A triplex is permitted in a duplex zone provided that a conditional use permit is established. The subject property is located at 4021 Auburn Way South and is 22,521 sq. ft. in size. In this instance, a five unit project requires a lot size of 18,000 sq. ft. Accordingly, the requirement of the R-3 zone at 3,600 sq. ft. of land be provided for each dwelling unit is established. Currently, the property contains a single-family mobile home which will be demolished. The proposal is surrounded on the north, east and south by mobile home parks. To the west there are some single-family homes. Surrounding zoning in the vicinity is R-3 to the north, RMHP to the south and east, and R-3 to the west. The subject property as well as property in all directions is designated for moderate density residential uses in the Comprehensive Plan. The application indicates that all provisions of the Zoning Code have been met including parking, setbacks, and landscaping, and a sight distance analysis has been prepared under the City which concludes that there is a safe sight distance for the driveway ingress and egress. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as those set forth in full. Ordinance No. 4700 September 14, 1994 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONCLUSIONS OF LAW Se The Zoning Ordinance sets forth a series of criteria which must be established prior to the issuance of a conditional use permit. The applicant must establish that the use will not have an adverse effect on the health, safety, or comfort of persons living or working in the area. This criteria is established by the evidence since the proposal will not have an adverse effect in that it is five units adequately served by streets and utilities, and provides a considerably less intense use than the adjoining residential mobile home parks. The proposal must be in accord with the goals, policies, and objectives of the Comprehensive Plan. This criteria is established by the evidence. The proposal must comply with all criteria of the Zoning Ordinance. This criteria is established by the evidence. The applicant must establish that the proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the vicinity. This criteria is established by the evidence. Finally, the proposal cannot adversely effect the public infrastructure. This criteria is established by the evidence. For each of the above referenced reasons, the reco~mmendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to allow the construction of a five unit multi-family development located a 4021 Auburn Way South is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 4700 September 14, 1994 Page 3 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 25 26 Section of Fact and Ordinance. Section 2. to allow the X. The above cited Hearing Examiner's Findings Conclusions, are herewith incorporated in this A Conditional Use Permit construction of a five development located 4021 Auburn Way South in an R-3 zone, situate in the City of Auburn, County of King, Washington, and is legally described as follows: is hereby approved unit multi-family (Duplex) State of That portion of the SW 1/4 of the SE 1/4 of Section 21, Township 21, North, Range 05 East, W.M., in King County, Washington, lying southwesterly of paved highway and southeasterly of a line draw from the south 1/4 corner to a point on said paved highway 214 ft. of the section line. Existing address: 4021 Auburn Way South. Section 3. The landscaping that is illustrated on the site plan shall be a minimum of a Type III landscaping as required by the Zoning Code. 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. Ordinance No. 4700 September 14, 1994 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. PP OVED:x MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, Acting City Attorney Ordinanc~ No. 4700 September 14, 1994 Page 5