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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
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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
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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
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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
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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
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