Loading...
HomeMy WebLinkAbout4640 p 3 , rU/ , . ..t'"i"Y CLERK'S OFFICE . . ' CiTY OF AUBURN . 25 West Main ^.,.lburn. WA" 98001 1 ORDINANCE NO. 4 6 4 0 2 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW. THE CONSTRUCTION OF A . . PROFESSIONAL OFFICE ON PROPERTY ZONED R-2 (SINGLE FAPIILY) 4 LOCATED ON THE NORTHWEST CORNER OF 4TH STREET S.E. AND "D" STREET S.E., WITHIN THE CITY OF AUBURN, WASHINGTON. 5 r~ 6 WHEREAS, Application No. CUP0003-93 dated May 25, 1993, 7 together with site plans therefore, has been submitted to the ~ 8 City of Auburn, Washington, by KEITH MILLER requesting a 9 Conditional Use Permit to allow the construction of a r' ~ Ll 10 professional office in an R-2 (Single Family) zone located on ~ ~ ~ 11 the northwest corner of 4th Street S.E. and "D" Street S.E. O ~ 12 within the City of Auburn, Washington, hereinafter described w4 ~ 13 in Section 2 of the ordinance; and 14 WHEgEAS, said request above referred to, was referred to 15 the Hearing Examiner for study and public hearing thereon; and 16 - WHEgEp,S, the Hearing Examiner, based tzpon` staff review, 17 held a public hearing to consider said petition in the Council 18 Chambers of the Auburn City Ha11, on August 17, 1993, at the 19 conclusion of which the Hearing Examiner recommended the 20 approval of the issuance of a Conditional Use Permit to.allow 21 the construction of a professional office located on the 22 northwest corner of 4th Street S.E. and "D" Street S.E., in an 23 R-2 (Single Family) zone; and 24 25 . 26 Ordinance No. 4640 September 28,1993 Page 1 1 WHEREAS, on September 7, 1993, the City Council called 2 for a public hearing scheduled for September 20, 1993 on the 3 ~ request above referred to; and 4 WHEREAS, the City Council, on September 20, 1993, 5 6 conducted a public hearing on said request. At the conclusion of the hearing, the City Council modified the Hearing 7 Examiner's decision and approved the issuance of a Conditional 8 Use Permit to allow the construction of a professional office 9 located on the northwest corner of 4th Street S.E. and "D" 10 ~ Street S.E., in an R-2 (Single Family)_ zone based upon the LI) 11 ~ following Findings of Fact and Conclusions, to-wit: C03 12 ~ 13 FINDINGS OF FACT ~ 14 1. The applicant, Keith Miller and others, seeks a ~ 15 conditional use permit and a variance for a professional . office. 16 2. The subject property is zoned R-21 Single Family, and i:s 17 located at the northwest corner of 4th and "D" S.E. The existing land use is vacant and the Comprehensive Plan 18 designates the subject site for single family uses.. 19 3. The proposal would be the construction of a single story office building with a height of approximately 18 feet. 20 Office buildings are pernnitted in single family zones subject to the requirements of a conditional use permit. 21 4. In addition, fihe applicant is seeking to a variance to 22 allow the front yard setbaeks to be measured from "D" , Street S.E. The variance would allow the front yard lot 23 line to be oriented to "D" Street S.E. instead of 4th Street S.E. 24 5. The Zoning Ordinance in Section 18.04.570(A)(2) 25 stipulates which lot line is the front lot line when 26 - - - ' Ordinance No. 4640 September 28,1993 . Page 2 1 there is a corner lot at the intersection of two streets. The Zoning Ordinance provides that. if one.of the two 2 streets is an arterial, and the other is not, the lot line which abuts the arterial is considered the front lot 3 line. 4 6. In this instance, the City's Comprehensiv.e Plan designates 4th Street as an arterial and "D" Street as a 5 typical residential street. Accordingly, in accordance with the Zoning Ordinance, the front lot line would be 6 considered 4th Street S.E. and the variance is requested so that D 6treet S.E. would be considered the.front lot 7 line. 8 7. The evidence establishes the lots which makes up this proposal were, platted in 1901. ' The provision of the 9 Zoning Ordinance defining front lot lines was adopted'86 years later in 1987. When the lots were platted, nearly M 10 100 years ago, they were platted with the orientation ~ being the front yard towards "D" Street. As a result, ~ 11 there is 75 feet of frontage on "D" and 150 feet of W4 frontage on 4th Street. Accor.dingly, if 4th Street were CO). 12 used as a front yard, a.20 foot setback from "D° Street 13 and a corresponding 25 foot setback from the north property line would be requir-ed which.would mean that the ~ 14 building could only be 30 wide. ' 15 8' The applicant is proposing to construct a 3,300 sqtiare foot building on the site. The proposed variance would 16 permit a more,harmonious use of the lot and the setbacks - are not being reduced. 17 9. The main entrance to the building would be on the south 18 or 4th Street side. . 19 10. There are single family homes located to the north and east. The office building has been purposely oriented to 20 minimize impacts to the existing single family neighborhood. 21 11. The lot is located on an arterial which abuts a-C-3 zone 22 to the west which is occupied by a fast food restaurant. As a result, single family housing has not been attracted. 23 'to the lot whieh has been for sale for quite some time and has remained in an unkempt state. 24 12. As previously mentioned, the lot is 75 wide feet and 150 25 feet deep. Therefore, the lot is 11,250 square feet in 26 Ordinance No. 4640 September 28,1993 Page 3 1 si2e. The R-2 zone has maximum lot coverage of 35%. The 2 proposed building of 3,300 square feet appears to meet the lot coverage requirements. 3 13. The proposal meets all requirements of the. Zoning 4 Ordinance with the exception of the orientation of the _ setbacks. The variance is therefore required. . 5 14. There is a large deciduous tree in the middle of the 6 proposed parking lot. This is a significant tree pursuant to Section 18.50.030(E) of the Zoning.Ordinance. 7 Significant trees are to retained if possible. Since it is the desire to have the building. oriented towar-ds. the ' 8 neighborhood and the parking away from the neighborhood, unfortunately it appears as though the tree will have to - 9 be removed. 10 15. At the time of the Hearing Examiner's .public hearing, a number of neighbors appeared and expressed concern with Q0 ' regard to whether or not the proposed parking would be ~ 11 adequate. Specifically, 13 parking spaces are proposed: - ~ 12 The application did not indicate an intent to use the ~ upper. story of the building for storage. purposes: - O 13 However, in response to questions, the applicant . ~ indicated an intent to use the upper floor, of the ~ 14 building for storage purposes. Accordingly, additional parking would have to be provided as one parking space is 15 required for each 250 square feet of gross floor area for professional, offices. 16 16. The Zoning Ordinance in Section 18.52.010(F) defines 17 gross floor area as follows: "Gross floor° includes all floor area within the exterior walls of the bui_lding 18 including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely ' 19 to maintain the building for occupancy. 20 17. Accordingly, for each 250 square feet of gross floor area used for storage there wi11 need to be one additional 21 Parking space. 22 18. The building plan appears to indicate offices for six attorneys maximum together with a minimum of six support - 23 staff. Although there are not that many attorneys who would initially occupy the building, it appears as though 24 the build'ing would have practically no client parking off street ones fully occupied. 25 26 - Ordinance No. 4640 September 28,1993 Page 4 1 19. The staff report, with its recommendation of approval, is 2 incorporated herein by reference. 3 CONCLOSIONS OF LAW 4 5 1. The Zoning Ordinance permits the development of office uses in an R-2 zone subjeet to the requirements of a 6 conditional use permit. ~ 7 2. The Zoning Ordinance Section 18.64.040 allows a conditional use permit if the applicant establishes that the use will not have an adverse effect on the health, 8 safety, or comfort of persons living or working in the 9 area. The applicant has designed the office build'ing so that auto and pedestrian traffic is oriented away from 10 the neighboring. single family homes. There is also ~ substantial landscaping provided. The height and size of ~ 11 the structure is not much larger than a single family ~ which would be constructed on the lot without a -r0 conditional use permit. Provided that there is adequate - C9 12 parking, the proposal will not have an adverse effect on ~ 13 the neighborhood. '3. The proposal is consistent with the goals and'objectives C~ 14. of the Comprehensive Plan in that it,allows an office use ~ to border a neighborhood use which is adjacent to a busy 15 arterial. . 16 4. The proposal meets the requirements of the Zoning 17 Ordinance with the exception of the orientation for which a variance has been recommended. 18 5. The proposal can be constructed and maintained so as to 19 be harmonious.with the existing residential character of - the neighborhood. There will be also be substantial 20 landscaping provided. 21 6. The proposal is located on an arterial (4th Street) and is near the major arterial of Auburn Way North. 22 Accordingly, there is. no evidence that the public infrastructure would be adversely affected. 23 7. The Zoning Ordinance at Section 18.52.020(B)(11) requires, 24 one parking space for each 250 square feet of gross floor area. The applicant needs to indicate how many square 25 feet of floor area will be used for storage in the upper 26 _ - Ordinance No. 4640 September 28,1993 Page 5 1 floor of tYie building and provide one additional parking 2 space for each 250 square feet of gross floor area.. For each of the above referenced reasons, the 3 recommendation of the Hearing Examiner to the Auburn City 4 Council on this Conditional Use Permit to allow the 5 . . construction of a professional office located on the northwest 6 7 corner of 4th Street S.E. and "D" Street S.E., is modified and \ 8 approved. 9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 10 11 section 1. The above cited Hearing Examiner's Findings 12 of Fact and Conclusions, are herewith incorporated in this 13 Ordinance. 14 section 2. A Conditional Use Permit is.hereby approved 15 to allow the construction of a professional office located on 16 the northwest corner of 4th Street S. E. and "D" 3treet S. E. ; 17 in an R-2 (Single Family) zone, situate in the City of Auburn, 18 County of Ring, State of Washington, and is legally described as follows: 19 20 Lots 51-52 River View Add. to Auburn. E. 150 ft. of 51 & E 150 ft. of 52 less St. 21 commonly known as 317 "D" Street S.E. 22 Auburn, Washington. 23 Section 3. An exterior facade plan shall be prepared by 24 the applicant and submitted to_ the Planning Director for his 25 26 Ordinance No. 4640 September 28,1993 Page 6 r• ' : . . . ' 1 2 approval. The exterior facade shall be in keeping with the residential neighborhood.' 3 Section 4. A 6 foot high solid wood fence, meeting the 4; , appropriate setbacks shall be constructed on the north 5 property line. This condition may be modified by the Planning 6 Director if the property owner to the nor-th does not want a 7 8 fence, or, a shorter fence, or a fence made of other material. 9 Section S. The applicant shall secure a variance that ~10 Would allow the setbacks to be oriented as illustrated on the V411 site plan. ~ Section 6. The applicant shall provide the Planning 012 T4 Department with evidence as to how many square feet on the V+1 13 - 14 upper floor will be used for storage_ A xevised site plan ~ ~ 15 shall be provided showing at least one parking space for each 16 250 square feet of floor area in the upper_level of the 17 building which would be utilized for storage or any other - 18 purpose or reduce or eliminate the floor area on the upper 19 level so that the amount of floor area is commensurate with 20 the amount of parking to be provided on site. 21 Section 7. This approval does not include medical or 22 dental offices or clinics unless specifically allowed through 23 an additional conditional use permit process. 24 Section 8. Upon the passage, approval and publication of 25 this Ordinance as provided by law, the City Clerk of the City 26 - - - - Ordinance No. 4640 September 28,1993 Page 7 - , , , . . _ ' . - ' 1 of Auburn shall cause this Ordinance to be recorded in the 2 , 3 office of the King County Auditor. ` Section 9. The Mayor is hereby authorized to implement 4 such administrative procedures as may be necessary to.carry, 5 . out the directions of this legislation. 6 Section 10. This Ordinance shall take effect`and be in 7 8 force .five days from and after its passage, approval and 9 publication as provided by law. ~ 10 INTRODUCED z / O~ q111 t-4 PASSED: Id M 12 ~-J~ 13 APPROVED : ~14 15 M A Y O R 16 ATTEST: . 17 18 19 Robin Wohlhueter, City Glerk 20 AppROVED AS TO FORM: 21 22 ~ ~~/U.~k"" d • 23 Stephen R. Shelton, City Attorney 24 25 PUBLISHED: 26 , Ordinance No. 4640 September 28;1993 Page 8 I ' CITY ADMINISTRATION OFFICE OF THE MAYOR 25 WEST MAIN, AUBURN, WA 98001-4998 . ~ CHARLES A. BOOTH, MAYOR (206) 931=3041 . .;t , ~ STATE OF WASHINGTON) ) ss. ' . COUNTY OF KING Robin Wohlhueter, the duly appointed, qualified City Glerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do _ hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 4640 of the ordinanees of the City of' Auburn, entitled "AN ORDINANCE." ` I certify that said Ordinance No. 4640 was duly passed.by the Council and approved by the Mayor of the said City of Auburn, on the 4th day of October, A.D., 1993. I further certify that said Ordinance No. 4640 was published as provided by law in the Va11ey Daily News, a daily newspaper published in the City of Auburn, and of general _ circulation therein, on the lOth day of October, A.D.,. 1993. Witness my hand and the-official seal of the City._of, Auburn this January 13, 1994, A.D. - Rob,in Wohlhueter City Clerk City of Auburn