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ORDINAIqCE NO.
4873
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A DENTAL
CLINIC ON PROPERTY ZONED R-2 (SINGLE FAMILY) LOCATED AT THE
NORTHWEST CORNER OF 4TH AND "D" STREET SE, WITHIN THE CITY OF
AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0001-96 dated April 4, 1995,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by MARY JO BURiqS, requesting a
Conditional Use Permit to allow for the construction of a
dental clinic in an R-2 (Single Family) zone located at the
City of
of the
northwest corner of 4th and "D" Street SE, within the
Auburn, Washington, hereinafter described in Section 2
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 May 21, 1996, at the
conclusion of which the Hearing Examiner
approval of the issuance of a Conditional Use
Ordinance No. 4873
June 6, 1996
Page 1
recommended the
Perm~]~ t all
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for the construction of a dental
Family zone; and
clinic in an R-2 (Single
WHEREAS, the City Council, on June 3, 1996, considered
said request and affirmed the Hearing Examiner's decision for
the issuance of a Conditional Use Permit to allow for the
construction of a dental clinic in an R-2 (Single
Family)
zone, located on property situated at the northwest corner of
4th and "D" Street SE, within the City of Auburn, Washington,
based upon the following Findings of Fact and Conclusions, to-
wit:
The applicant, Mary Jo Burns, has applied for a
conditional use permit to allow for the construction of a
2,556 square foot professional office building that will
have one dentist, herself, as a tenant. The proposal is
located at the northwest corner of "D" and 4th Street SE.
The property is zoned R-2, Single Family. An application
similar to this was approved by the City in 1993, but was
never constructed. Conditional use permits are valid for
only two years and therefor another must be processed.
The R-2 zone at Section 18.14.030(H) does allow for
professional offices if a conditional use permit is
approved pursuant to Chapter 18.64 of the Zoning
Ordinance.
Ordinance No. 4873
June 6, 1996
Page 2
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Surrounding land uses and zoning in the vicinity include
R-2, Single Family, to the north; R-3, Single Family, to
the south; R-2, Single Family, to the east; and C-3, fast
food restaurant, to the west. The applicant proposes to
construct a small one-story office building which will
have a very small second story at 467 square feet for
mechanical and storage space. The building will be
oriented towards KD" Street. The parking will be in the
rear, and will abut the alley to the west side of the
building. The main entrance to the building will be on
the south side, adjacent to 4th Street.
The lot is located on an arterial, 4th Street, and abuts
a C-3 zone to the west which is occupied by a fast food
restaurant. The location of the lot and the adjacent use
have not been conducive to the development of the lot for
single family residential purposes.
The R-2 zone has a maximum lot coverage of 35% and in
this instance the proposed use is approximately 25% lot
coverage.
The size of the building requires 13 parking spaces and
13 are provided. Five spaces are designated as compact
and the maximum number of compact spaces is 30% of the
total. The current proposal is for 38% compact spaces
accordingly the number of the compact spaces must be
reduced.
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The proposal meets all requirements of the Zoning Code
except for the parking requirement described above and
the orientation of setbacks. The setback orientation is
being addressed via a variance which is being processed
concurrently with this conditional use permit
application.
The site plan illustrates the large deciduous tree to the
rear of the property which is defined as a significant
tree under the Zoning Ordinance as a tree which will be
saved.
Ordinance NO. 4873
June 6, 1996
Page 3
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10.
The adjacent streets and alley do not meet current City
standards since the subject lot is undeveloped. The
applicant will need to provide plans for improvements to
the streets and alley and requirements can be obtained
from the City Engineer's office.
The contents of the case file for this project, CUP0001-
96, are incorporated herein by reference.
CONCLUSIONS OF LAW
The Zoning Ordinance sets forth a series of criteria
which must be established before a conditional use permit
can be granted. The first of these criteria is that the
use will not have a more adverse effect on the health,
safety, or comfort of persons living or working in the
area, than would a use which is permitted outright. The
office building is designated such that all auto and
pedestrian traffic will be oriented away from the
adjacent single family homes. There is substantial
landscaping provided. The height and size of the
structure is not much larger than a single family home
which would be permitted outright on the lot, and the lot
coverage is less. The office use will not have an
adverse impact on the neighborhood.
The proposal complies with the goals, policies,
objectives of the Comprehensive Plan.
and
The proposal complies with all requirements of the Zoning
Ordinance except for setbacks which are being addressed
via a variance application and parking which will require
a minor revision.
The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character, and
Ordinance No. 4873
June 6, 1996
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appearance with the existing or intended character of the
vicinity.
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 the
construction of a dental clinic in an R-2 (Single Family)
zone, located on property situated at the northwest corner of
4th and nD" Street SE, is approved.
NOW, THEREFORE, THE CITY COUNCIL
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Hearing
of Fact and Conclusions, are herewith
Ordinance.
~ A Conditional Use Permit
OF THE CITY OF AUBURN,
Examiner's Findings
incorporated in this
is hereby approved
to allow the construction of a dental clinic in an R-2 (Single
Family) zone, located on property situated at the northwest
corner of 4th and .... D" Street SE, within the City of Auburn,
Ordinance No. 4873
June 6, 1996
Page 5
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County of King, State of Washington, legally described as
follows:
The east 150 feet of Lot 51 and east 150
feet of Lot 52, Block 1, Riverview
Addition to Auburn less street.
be prepared by the applicant and submitted to
Director for his approval. The exterior facade
keeping with the residential neighborhood.
~ A 6-foot high solid wood fence,
appropriate setbacks shall be constructed on
property line.
Director if the property owner to the north
fence, or a shorter fence, or a fence made of
would allow the
site plan.
layout that meets the requirements of
An exterior facade and landscaping plan shall
the Planning
shall be in
meeting the
the north
This condition may be modified by the Planning
does not want a
other material.
The applicant shall secure a variance that
setbacks to be oriented as illustrated on the
The applicant shall prepare a revised parking
the Zoning Ordinance.
Ordinance No. 4873
June 6, 1996
Page 6
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~ The significant tree, as illustrated on the
site plan, shall be retained and protected from construction
activity and from vehicles usin9 the parkin9 lot. The method
of protection shall be made part of the landscape plan.
~,0_t~i~l~_~. 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 Kin9 County Auditor.
~. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~Li~]l_%ll. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
Ordinance No. 4873
June 6, 1996
Page 7
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CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
'chael o. Reynolds,
City Attorney
Ordinance No. 4873
June 6, 1996
Page 8