The URL can be used to link to this page

Home My WebLink About5117 sBp 2 Return Address= emr Auburn City Clerk Oily OLE.R. ifBUgpU?N City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Ordinance No. 5117, Providin9 for a conditional use permit to allow for the construction of ~o duplexes on prope~ zoned R-3 on the 300 block of R St SE. CUP0001-98 Reference Number(s) of Documen~ assigned or released: ~Additional reference ~'s on pageof document -- Grantor(s) (Last name first, then first name and initials) 1. Auburn, Ci~ of 3. 4. Grantee: (Last name first) 1. Watson, Ermina ~ R', F. 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 37-38 EAST AUBURN ACRES ADD S 100 FT OF N 220 FT OF LOT 37 AND S 70 FT OF N 220 FT OF LOT 38 IN NEW LIMITS [;~ Additional legal is on page _?. of document. Assessor's Property Tax Parcel/Account Number: 214980-0340 ['J Assessor Tax # not yet assigned ORDINANCE NO. 5 117 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF TWO DUPLEXES ON PROPERTY ZONED R-3 (DUPLEX) LOCATED IN THE 300 BLOCK OF "R" STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0001-98 dated April 20, 1998, together with site plans therefore, has been submitted to the City of Auburn, Washington, by R.F and ERMINA WATSON, requesting a Conditional Use Permit to allow for the construction of two duplexes on property zoned R-3 (Duplex) located in the 300 block of "R" Street Southeast, 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 Ordinance No. 5117 July 8, 1998 Page 1 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 June 16, 1998, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow for the construction of two duplexes on property zoned R-3 (Duplex) located in the 300 block of "R" Street Southeast,, within the City of Auburn, Washington; and .WHEREAS, the City Council, on July 6, 1998, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow for the construction of two duplexes on property zoned R-3 (Duplex) located in the 300 block of "R" Street Southeast, within the City of Auburn, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicant, R.F. and Ermina Watson have requested a conditional use permit to allow for the construction of two duplexes on property that they own on "R" Street SE. The property is located on the west side of "R" Street, in the 300 block, and is zoned R-3, Duplex. 2. The R-3 zone does allow for more than one duplex to be built on a lot if a conditional use permit is approved. Ordinance No. 5117 July 8, 1998 Page 2 The property is 15,300 square feet in size. The R-3 zone requires 3,600 square feet of lot area for each .dwelling unit. In the subject case 14,400 square feet is required and 15,300 square feet is being provided. 3. The site plan as submitted illustrates the project meets all the requirements on the Zoning Ordinance including setbacks, lot coverage, building height and parking. The proposed duplex will be 2 stories. 4. The parcel is located is located in an area that contains a variety of housing including, duplexes, four-plexes and single-family homes. All of the surrounding properties are also zoned R-3. 5. The site plan illustrates that the nearest fire hydrant is located approximately 190 feet away. Pursuant to ~D Section 13.16.060(N) of the Auburn City Code a fire ~ hydrant is required to be within 150 feet of the rear ~ of the furthest most duplex. ~ 6. At the time of the public hearing, there was ~ substantial public opposition to the request and ~4 concern primarily for loss of privacy as the result of ~ 2 story buildings adjacent to one story single family ~ residences. Neighbors expressed concern regarding ~ traffic, a possible underground tank, and potential for loss of trees as a result of the construction. The proposal of the applicant is consistent with the zoning on the subject property. The building proposed was consistent with existing zoning regulations. 7. The contents of the case file No. CUP0001-98 of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW 1. There are a series of criteria which must be established before a conditional use permit can be granted. the first of these criteria relates to the use not having a more adverse effect on the health, Ordinance No. 5117 July 8, 1998 Page 3 safety, or comfort of persons living or working in the area. Provided that they are properly conditioned, the two duplexes will not have an adverse affect on the area. The zoning currently allows for duplexes, in the area if in transition from older single family homes to multi-family as allowed by existing zoning. 2. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. There are other duplexes and multiplexes in the area and the area is in transition from the older single family homes to multi-family as allowed by the existing zoning. The two duplexes will not have an adverse effect upon the area. ~ 3. The proposal is in accordance with the goals, policies W"4 and objectives of the Comprehensive Plan. The area is illustrated on the Comprehensive Plan Map as being appropriate for moderate density multi-family that the R-3 zone is compatible with and intended to implement. 4. The proposal complies with all requirements of the Zoning Ordinance. The site plan as illustrated either meets or is capable of meeting all requirements of the Zoning Ordinance. 5. 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 general vicinity. The two duplexes will be consistent with the other duplexes and four plexes that now exist in the area. Ordinance No. 5117 July 8, 1998 Page 4 6. The proposal will not adversely affect the public infrastructure. There is no indication that the public infrastructure will be affected as long the project is constructed to existing City requirements. 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 for the construction of two duplexes on property zoned R-3 (Duplex) located in the 300 block of "R" Street Southeast, within the City of Auburn Washington is approved NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for the construction of two duplexes on property zoned R-3 (Duplex) located in the 300 block of "R" Street Southeast, within the City of Auburn, County of King, State of Washington, legally described as follows: Ordinance No. 5117 July 8, 1998 Page 5 LOT 37-38 EAST AUBURN ACRES ADD S 100 FT OF N 220 FT OF LOT 37 AND S 70 FT OF N 220 FT OF LOT 38 IN NEW LIMITS. Section 3. The applicant shall retain the existing laurel hedge on the property. Section 4. The applicant shall submit a landscape plan designed to protect, to the greatest extent possible, the privacy in the adjacent single story single family homes. Section 5. 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 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. 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. 5117 July 8, 1998 Page 6 INTRODUCED: July 22, 1998 PASSED: July 22, 1998 APPROVED: July 22, 1998 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ''hlca e~d s, City Attorney PUBLISHED: Ordinance No. 5117 July 8, 1998 Page 7