HomeMy WebLinkAbout4999REOE[YED ~it',5 PAT'
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Ordinance No. 4999
2.
3.
4.
.,~ Reference Number(s) of Documents assigned or released:
~ I-]Additional reference #'s on page. of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
1 .Paul and Tina Christiansen
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Grantee/Assignee/Beneficiary: (Last name first)
1. Auburn, City of
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ILegal Description (abbreviated: i.e. lot, block, plat or section, township, range)
17-21-05 SW
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
885765-0150
[] Assessor Tax # not yet assigned
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ORDINANCE NO. 4 9 9 9
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AFFIRMING THE
HEARING EXAMINER'S DECISION IN CASE NO. CAP0001-9? TO DENY THE
APPEAL FILED BY PAUL AND TINA CHRISTIANSEN FOR A SPECIAL HOME
OCCUPATION PERMIT TO ALLOW APPLICANTS TO INSTALL CAR STEREOS
AND ALARM SYSTEMS WITHIN AUTOMOBILES OWNED BY OTHERS AT 409
"U" STREET S.E., IN AN R-2 (SINGLE FAMILY) ZONE, WITHIN THE
CITY OF AUBURN, WASHINGTON.
1997,
and TINA
Decision
WHEREAS, Application No. MIS0003-97, dated April 28,
has been submitted to the Auburn City Council by PAUL
CHRISTIANSEN as an appeal of the Hearing Examiner's
issued June 25, 1997 pursuant to Findings of Fact and
Conclusions of Law; and
WHEREAS, the Hearing Examiner, based upon staff review,
held a public hearing on June 17, 1997 to consider said
petition in the Council Chambers of the Auburn City Hall, at
the conclusion of which the Hearing Examiner denied the
request for a special home occupation permit: to allow
applicants to install car stereos and alarm systems within
automobiles owned by others to be conducted within their non-
owner occupied garage, at the residence which they are renting
or leasing and located at 409 "U" Street S.E., on property
Ordinance NO. 4999
July 29, 1997
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zoned R-2
Conclusions entered
97, issued on June
hereto as Exhibit
herein; and
WHEREAS, the
(Single Family), based upon the Findings of Fact
in Hearin9
25, 1997,
and
Examiner Decision No. MIS0003-
a copy of which is attached
and by this reference incorporated
City Council held a public hearin9 to
consider said appeal of the Hearin9 Examiner's Decision in the
City Council Chambers of the Auburn City Hall on July 21, 1997
therein did consider the record and decision established
and
by the Hearing Examiner and,
testimony, evidence and exhibits
the City of Auburn
further, did consider the
presented by PAUL and TINA
staff, and members of the
CHRISTI/kNSEN,
public; and
WHEREAS, based on due consideration of the information
and testimony received and the files and records h~srein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The City Council hereby denies the Appeal of
the Hearin~ Examiner's Decision in Case No. MIS0003-97 filed
by PAUL and TINA CHRISTIANSEN and herein affirms and adopts
Ordinance No. 4999
July 29, 1997
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the Findings of Fact, Conclusions of Law, and Decision
contained within the Examiner's Decision dated June 25, 1997.
~ Upon the passage, approval and pllblication 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.
~9_C~iDJP~_~ The Mayor is hereby authorized to implement
carry
such administrative procedures as may be
out the directives of this legislation.
necessary to
~ 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. 4999
July 29, 1997
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 4999
July 29, 1997
Page 4
~ARLES A. BOOTH, MAYOR
d Krauss, A.I.C.P., Planning Director
FI'NDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF AUBURN
APPLICATION:
APPLICANT:
REQUEST:
LOCATION:
APPLICATION FILED:
SEPA STATUS:
DATE OF PUBLIC HEARING:
DECISION ISSUED:
DECISION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
MIS0003-97
Paul and Tina Christiansen
Special Home Occupation Permit
409 "U" Street SE
April 28, 1997
N/A
June 17, 1997
June 25, 1997
Denial
Lynn Rued, Assistant Planning Director
Paul and Tins Christiansen
William Robinson
Christina Hicks
Brian Wallace
Judy Scott
Exhibit #1: Case file
Exhibit #2: Carol Jones' letter dated June 17, 1997
Exhibit #3: Tamara Novak's letter dated June 17, 1997
Exhibit #4: Mary Jane St. Cyr's letter dated June 14, 1997
Exhibit #5: Charles Vicari's letter dated June 6, 1997
Exhibit #6: Petition dated June 10, 1997
After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing,
and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the
following Findings of Fact and conclusions shall constitute the decision of the Hearing Examiner on this
application.
HE,DEC.'tiS3 -97
Page 2
Findings and Decision
Application No. MIS0003-97
The applicants, Paul and Tina Christiansen, are applying for a special home occupation permit. The request is
to allow the applicants to install car stereos and alarm systems within automobiles owned by others. The home
occupation would be conducted within their non-owner occupied garage at the residence which they are
renting or leasing at 409 "U' Street SE.
Automobile repair may be allowed as a special home occupation, subject to the issuance ora perrrtit, as set
forth in Auburn Zoning Ordinance Section 18.60.040(A).
The applicant indicated that it is their intention to open a permanent shop elsewhere and that they intend to
work out of their rental home until they have an established clientele and reputation. The applicant has
represented that a period of three to six months are needed to get the business started and another location
secured.
The proposed hours of operation are 9:00 a.m. to 5:00 p.m., represented that a maximum of three to four
customers would be at the home during any one day. The applicant indicated that the business is getting
started as a mobile installation service. In other words, they frequently do work at other peop e's homes.
The home is a three bedroom home and two parking spaces are required. The garage provides two parking
spaces and there is an existing driveway in front of the garage which is large enough to provide two off-street
parking spaces.
All vehicles being worked on will be parked in the garage. The applicant has stated that the alarms are
muffled in order to reduce noise. The stereos are tested electronically to determine power output.
7. A business of this nature has the potential to be disruptive to the neighborhood in that car alarms artd car
stereos typically need to be tested. Prior to the issuance of the staffreport, the Planning Department received
two phone calls and a letter expressing concern with businesses of this type. However, at the time of the
public hearing, substantial opposition to the proposed use was expressed. There were an additional four
written comments in opposition to the use provided, and a petition with 20 signatures opposing the use was
presented. Most of the neighbors who objected to the proposed use objected based on the potential for noise,
increased traffic, and subsequent reduction in property values.
8. The Zoning Ordinance sets forth a series of 11 criteria regarding home occupations and each applicant must
comply with at least 9 of the 11 criteria. This home occupation is consistent with the following criteria as
outlined below.
A. Only members of the immediate family residing on the premises may be employed.
The Christiansens will be the only employees.
B. No inventory is kept (other than incidental supplies necessary for and consumed in tbe conduct of such
home occupation) or commodities sold other than those produced on the premises. Samples may be kept, but
not sold on the premises. Items commonly collected or traded, and occasionally sold by hobbyists such as
coins, stamps, antiques, etc. may be considered to be exempt from this provision, as long as all other
requirements of home occupations are met.
The applicant has stated that the majority of the stereos, alarms, etc. are ordered by a customer through a
catalog. The applicant does have an inventory of various wires, electrical connections, etc. that are used to
install the equipment. The applicant indicated at the time of the public hearing that upon request, he would
HEXDEC'~MIS3 -97 ,
Page 3
Findings an.d Decision
Application No. MI~10003-97
procure stereos or alarms for his customers. Therefore, the applicant would be intending to sell alarms or
stereos on the premises.
C. N° mechanical equipment is used except such as is customarily used for domestic, household or personal
purposes (or as deemed similar in terms of power and type).
Power drills and small hand tools will be used which are typically found within a garage.
D. N° re°re than °ne-f°urth °f the fl°°r area of any building is devoted to such occupation, except accessory
buildings which are used for no other purpose.
However, an adjoining property owner who stated that his home is exactly like the home the Christiansens
occupy, said that the homes are 1,250 square feet with 480 square feet of garage, for a total of 1,730 square
feet. If250 square feet were to be used for the home occupation, approximately 14% would be utilized which
is still under the 25% requirement.
E. That such occupation shall not require internal or external alteration or involve construction features not
customarily found in a dwelling.
No alterations are required or planned.
F. Shall not involve the use of commercial vehicles for the distribution of materials from the premises.
No commercial vehicles are anticipated.
G. The conduct of any home occupation, including but not limited to the storage of goods and equipment,
shall not reduce or render unusable, areas provided for the required off-street parking. Additional parking is
not allowed in order to conduct a home occupation, except what may be required through the issuance of a
special home occupation permit pursuant to Section 18.60.040.
The driveway in front of the garage is large enough to accommodate two parking spaces.
H. Only one sign is permitted, I square foot in area, non-illuminated, and attached to a building.
There is no indication that more than the allowable 1 square foot sign is proposed.
I. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or
adjacent residences.
There is no display proposed.
J. No more animals are maintained on the premises than what may otherwise be permitted in the zone.
Not applicable.
K. The home occupation is to be conducted in such a manner that the residence shall not differ from its
residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of
sounds, noises, vibrations or odors.
HEkDEC~VII$3.97
Page 4
Findings an~l Decision
Application No. MIS0003-97
The conduct of this home occupation has a great possibility of interrnpting the neighborhood with noise and
traffic. Specifically, the undersigned is not satisfied that the noise could be adequately controlled. Car stereos
and alarms have a great potential to disrupt th~ neighborhood and individuals who have car stereos installed are
typically interested in a bigger stereo with more sound capacity than equipment provided by the factory.
CONCLUSIONS OF LAW
1. The permit cannot be granted. It is inconsistent with the aforementioned criteria.
For each of the above reasons, the decision of the Hearing Examiner on this Special Home Occupation Permit
application is denial.
Dated this 25th day of June, 1997, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of
Auburn.
Diane L. VanDerbeek, Hearing :Examiner
REOUEST FOR RECONSIDERATION
Any parW of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the
discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than 7
days from the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing Examiner,
25 West Main Street, Auburn, WA. 98001-4998.
NOTICE OF RIGHT TO APPE6[~
The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within
10 calendar days bom the date of mailing of the Examiner's report, The appeal mfist be Hied with the City Clerk
and state the basis of appeal which may be errors of fact, procedural errors, omissions from ·
interpretations of the Comprehensive Plan or new evidence. See Zoning, Ord',, .... ~g . ~e~ r~d, errors m
o -.,,-,~,. ,~.apter s o.oo [or specific
information. The appeal forms can be obtained fi.om the City Clerk. Any appeal to this decision must be filed no
later than July 7, 1997, by 5:00 p.m. with the City Clerk at the Auburn City Hall, 25 West Main, Auburn, 98001-
4998.
HE'd3EC~MIS3.97
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