HomeMy WebLinkAbout5328 ORDINANCE NO. 5 3 2 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, REVERSING THE DECISION OF THE HEARING
EXAMINER IN ALLOWING AN INCREASE IN SIGN HEIGHT FROM FORTY-
FIVE (45) FEET TO SEVENTY-FIVE (75) FEET FOR THE LONGHORN
BARBECUE LOCATED AT 635 "C" STREET SW, ESTABLISHING FINDINGS
OF FACT AND CONCLUSIONS OF LAW.
WHEREAS, the Longhorn Barbecue located at 635 "C" Street SW
applied to the City for a variance that would allow them to increase the height of
the existing sign from Forty-five (45) feet to Seventy-five (75) feet; and
WHEREAS, the matter was regularly heard by the Hearing Examiner '
and the Hearing Examiner's decision was to deny the variance; and
WHEREAS, the applicant appealed the Hearing Examiner's decision to
the City Council; and
WHEREAS, the City Council scheduled a closed record hearing to
review the entire record on August 16, 1999 under application number
HAP0001-99; and
WHEREAS, upon the conclusion of the Closed Record Hearing the City
Council reversed the decision of the Hearing Examiner and allowed the
variance for the reasons set forth below; and
Ordinance 5328
December 20, 1999
Page 1
WHEREAS, the action was consistent with the Comprehensive Plan;
and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. Purpose. Sign height application for Variance Number
HAP0001-99 decision of Hearing Examiner is reversed to allow an existing free
standing sign located at 635 "C" St. SW to be increased in height from Forty-
five (45) feet to Seventy-five (75) feet. This conclusion based upon the
following Findings of Facts setforth in Section 2 below.
Section 2. Findings Of Fact.
1. A variance to extend the height of the existing free standing sign
located at 635 "C" St. SW from Forty-five (45) feet to Seventy-five
(75) feet was duly filed and heard by the Hearing Examiner.
2. The sign is located in the City of Auburn.
3. The sign itself will remain the same pursuant to the application.
4. The sign has been in existence for a number of years at the
height of Forty-five (45) feet and had visibility from State Route
18.
5. That a hotel structure was recently been completed that is higher
than Forty-five (45) feet of sign and located on the North side and
blocking the sign from SR18.
Ordinance 5328
December 20, 1999
Page 2
6. The applicant provided financial data to indicate that once the
sign was blocked from view from SR18 by the hotel complex their
business was significantly reduced.
7. That the applicants sign will stay the same except to increase its
height from Forty-five (45) feet to Seventy-five (75) feet.
8. At Seventy-five (75) feet it is just adequate to clear the height of
the hotel making the sign visible from SR18.
9. That the exact sign is to be used which is currently at Forty-five
(45) feet which consists of a depiction of cattle horns and the
name of the restaurant.
10. Without the elevation of the sign locating the restaurant the
perception would be that the restaurant had ceased doing
business since the sign had for years been visible from SR18 and
now ceases to be visible.
Section 3. If any provisions of this ordinance are determined to be
invalid or unenforceable for any reason the remaining provisions shall remain
enforce and effect.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 5. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
Ordinance 5328
December 20, 1999
Page 3
INTRODUCED: December 20, 1999
PASSED: December 20, 1999
Decembe$ 20, 1999
APPROVED:
CHARLES A. BOOTH MAYOR
ATTEST:
~E. Daskam'
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
PUBLISHED:
Ordinance 5328
December 20, 1999
Page 4