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CITY CLERK'S OFFICE
· CITY OF AUBURN
25 West Main
Auburn, WA 98001
ORD]
RECEIVED
DEC 1 9 1994
KING COUNTY
RECORDER
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ]PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW A PERSONAL SEt'ICE SHOP ON
PROPERTY ZONED RO (RESIDENTIAL OFFICE) LOCATED AT 862 EAST
MAIN STREET, WITHIN THE CITY OF AUBURN, WASHINGTOiN.
WHEREAS, Application No. CUP0005-94 dated September 13,
1994, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by CRAIG THIELBAR,
requesting a Conditional Use Permit to allow a personal
service shop in a RO (Residential Office) zone located 862
East Main Street, 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 October 18, 1994, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
a personal service shop located at 862
RO (Residential Office) zone; and
WHEREAS, the City Council, on November
considered said request and affirmed the Hearing
East Main Street, in a
7, 1994,
Examiner's
decision for the issuance of a Conditional Use Permit to allow
a personal service shop located at 862 East Main Street, in a
Ordinance No. 4711
November 16, 1994
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RO (Residential Office) zone based upon the following Findings
of Fact and Conclusions, to-wit:
Se
FINDINGS OF FACT
The applicant, Nanette Barnes, applies for a conditional
use permit to allow a personal service shop 'to be located
in an RO, Residential Office, zone.
The subject property is 'located at 862 East Main Street
and is a lot 2,539 square feet in size. The existing
land use is that of a very small single-family home.
The applicant is requesting a conditional use permit for
a personal service shop to allow her to operate a beauty
salon. The applicant has proposed converting the home
into a beauty salon.
As mentioned, the lot and the house are relatively small.
The house is on the southwest corner of East Main and "J"
Street, and the garage is accessed off of "J" Street.
There is a double wide driveway in front of the garage.
The evidence establishes that there will only be one
employee and that it is likely that there would not be
more than one client there at any one time.
This is a conversion from an existing single-family home
to a business. Therefore, additional zoning and building
code standards will apply including one parking space for
each front 400 square feet of floor area for the personal
service shop. In this case, two spaces are required and
the Zoning Code requires the north, south, and east
property lines to be landscaped.
The proposal fronts on Main Street which is an existing
arterial. This area of Main Street has been transitional
from residential to professional and light commercial for
a number of years.
Existing zoning and land uses in the vicinity include RO,
Commercial to the north; R-2, Residential, to the south;
RO, single family, to the east; and RO, single family to
the west.
Ordinance No. 4711
November 16, 1994
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The staff report, with its recommendation of conditional
approval, is incorporated herein by reference as those
set forth in full.
CONCLUSIONS OF L~W
e
The Zoning Ordinance sets forth criteria which must be
established before a conditional use permit can be
granted. The first criteria is that the use will have no
more an adverse effect on the health, safety or comfort
of persons living or working in the area, than would a
use permitted outright in the district. The proposal is
not adverse since it is small in scope with only one
employee and typically only one client at a time. The
amount of activity including traffic and parking is the
same as or less than that generated by a single-family
home.
The proposal complies with the requirements of the Zoning
Ordinance if conditioned and is in accordance with the
goals, policies and objectives of the Comprehensive Plan.
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.
4. The proposal will not adversely affect the public
infrastructure.
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 a personal
service shop located at 862 East Main Street is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 4711
November 16, 1994
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Section 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Seotion 2. A Conditional Use Permit is hereby approved
to allow a personal service shop located at 8,52 East Main
Street in a RO (Residential Office) zone, situate in the City
of Auburn, County of King, State of Washington, and is legally
described as follows:
That portion of Lot 2, Block 2 of Joslyn's
First Addition to Auburn, according to
Plat thereof recorded in Vol. 26 of Plats,
Page 49 in King County, WA described as
follows:
Beginning at the NE corner of said Lot 2,
thence south along the east line of said
Lot 2 for a distance of 45~ ft; thence
westerly to a point on the west line of
said Lot 2, which point is 43~ ft south of
the NW corner of said Lot 2;
Thence north along the west line of said
Lot 2 to the NE corner of said Lot 2;
thence easterly along the north line of
said Lot 2 to the point of beginning.
Situate in County of King, State of
Washington.
8eotion 3- Only one employee shall be allowed to work at
the shop at any one time.
~ The garage shall be maintained and made
available for employee parking.
Ordinance No. 4711
November 16, 1994
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Section 5. The applicant shall submit to the Building
Division the appropriate plans that address the conditions of
this conditional use permit and the other Zoning and Building
Code requirements. All applicable permit conditions and code
requirements shall be implemented prior to change of occupancy
from the house to a beauty salon.
Section 6. 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 7. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~. 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:
CHARLES A. BOOTH
MAYOR
Ordinance No. 4711
November 16, 1994
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
Ordinance No. 4711
November 16, 1994
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